From Bill's Desk

THE LEGAL SYSTEM - WHAT A FREAKING JOKE!!!

nospam@example.com (Bill Gatten) — Mon, 24 Sep 2007 13:17:27 -0400

To date I have been involved perhaps 30 lawsuits of one kind or another and
have never lost one. However, neither have I ever won one. Most were small and
inconsequential small claims issues of some 20+ years ago. But two of those and
one very recent one were large and potentially life-changing (if not
life-threatening).

Now, you tell me if you happen to see any extortion in my recap of the three
cases in question.

While I was the owner of an Equipment Leasing Company some 2+0 years ago, I financed
a business called a "Whirly Ball Rink," wherein the client applied
for a leased of ten bumper cars and forty tons of steel flooring. Since the
business was brand new and the concept was untried and likely to be just a fad,
I insisted on using the equity in the applicant's home as additional security
for my advance of some $150,000 for the equipment. The lease was approved and
immediately sold to Countrywide Funding (a new company at the time). The
equipment was shipped by the manufacturer and installed in what had been a
roller skating rink in Simi Valley,
California.

After the business was set up and ready to go, the owner the building
started an eviction process because the business was late in its third month's
rent due to slowness in getting started. The business owner (the Whirly Ball
guy) had no money to make the payment until the business opened and he was shut
down before he could get started.

At this point, I notified Countrywide Funding of the problem and told them
they needed to immediately repossess the equipment and begin foreclosure
proceedings on the guy's house (the equipment without the rink was valueless).
However, in CW's inimitable fashion, they procrastinated and didn't proceed
with the foreclosure until the client was sought out by an ambulance chaser
(slime-ball, spittle-dripping n'er-do-well lawyer) who filed an injunction
against Countrywide's actions.

Next, when the landlord and Countrywide got around to their legal proceedings,
I was named in the suit along with the equipment manufacturer and accused of
having violated a state law concerning something called a SAMP (Seller-Assisted
Marketing Program), although in this case, I had done nothing but turn the deal
over to Countrywide and take a $1,000 finder's Fee.

This case went on...and on...an on...and on for over a year. At the end, we
won the case and all I had to do was to pay my attorney $130,000: buy, hey I
didn't have to pay back my $1000 finder's fee! When the verdict was announced,
my attorney had the audacity to suggest that we all go out and celebrate the
big win (at which point I envisioned myself clubbing him in the back of the
head with a tire-iron). After laying out the money, I was shortly thereafter forced
into bankruptcy...whereupon my attorney accidentally let it out that had I done
that in the beginning of the case I wouldn't owe anyone anything. It was at
this point that I decided to bring my fantasies to fruition and go out and
actually hunt him down and club him in the back of the head with a tire-iron.

#2.

While in that same business (equipment leasing) a client applied for a $350,000.00
lease of equipment for use in an under-construction extended-care facility in Santa Maria, California.
With the application, I took a standard fully refundable Commitment Fee of 10%
($35,000) to be refunded upon approval of the transaction, or from which actual
costs would be deducted if the money was provided and the client backed-out of
the transaction.

Since the care facility (a converted Holiday Inn) was not yet available for
occupancy and the company's operating plans were not at all satisfactory, funding
was turned down. At this point I
refunded the $35,000 in full without any subtraction for actual costs (I paid
the costs myself, assuming that the gesture of goodwill would get me the deal
back when the problems were straightened out).

When the applicant’s investors began backing out of the project and
demanding their money back due to the failure of the funding, the client (the
applicant) told them all that the money would be forthcoming, and that he had a
loan commitment from my company to prove it. He then showed them my Commitment
Fee Agreement, and their not knowing the difference, they went on with their
investments. Now, in order to save face and avoid repaying his investors (and
being sued for lying to them) he and his attorney opted to falsely sue me for
failure to honor my commitment to fund (so that his investors would not see him
as the charletan and cr5ook he was). To make a long story short, I won the case
against me, and the judge even laughed at the claimant's feeble attempt to
shift the blame of his scam on to me. And once again...the attorney wanted to
celebrate the Big Win...which had cost me a cool $75,000 out of my pocket to
win.

The last one just finished yesterday as a matter of fact. In this one, the
plaintiffs in a $500 house with $100 equity had been foreclosed upon by their
lender 2 years ago, 6 mnths after b uying the property, whereupon they filed a
fake BK petition in order to avoid the FC and to force the lender to start over
again with a new FC process (no payments being made). Then when the lender got
their 'relief from stay' they foreclosed again, at which point the claimant
simply filed another fake BK and bought another 6 months or more of free rent.
Then when foreclosed upon for the third time, the claimant tried frantically
and unsuccessfully to refinance…to find another sucker lender...to no avail.

Then just one day from finalization of the third foreclosure,
with all other options gone, they stumbled upon a lender rep who referred them
to one of our investors. The investor gave
them $90,000 to cure the foreclosure and used our system to save their home for
them. The investor even paid $300 per-month of their payment for a year to make
recovery easier for the "poor unfortunate" homeowners.

The plaintiffs once again stopped making payments (duh...big
surprise!) and were set again for eviction--this time at their own hand by
virtue of being the only beneficiary in the trust when the lease was exercised.
They were shortly sniffed out by a sleaze-ball "Consumer Advocacy"
extortionist who has apparently made millions in the past on cases involving
sale/leasebacks wherein he was successful in getting them characterized as equitable
mortgages, which did not conform to mortgage regulations such as HOEPA, TILA,
RICO, etc. And...where equity-stripping and unconscionable advantage were
claimed.

The scam by this attorney, who purports to
"protect consumers against scams," was to sue the acquiring party for
damages and his own legal fees--for having perpetrating a scam in violation of
the Homeowner’s Equity Protection Act (HOEPA), the Truth inLending Act (TILA),
etc.. At this point the defendant’s
legal bills would mount so fast that they’d run out of money and have no choice
but to settle out of court for, in many cases, hundreds of thousands of dollars
(virtually all of which went into the lawyer's pocket for legal fees).

The amount initially asked for in our case (i.e., to be
extorted from the defendants) by the plaintiff's lawyer was $300,000...plus a
return of the property's deed to the plaintiff and no further moneys to be owed
by the plaintiff (the $90,000) to the investor. We told them to go pound salt
up their flush valves, as it were (a chore I assume they'll be pursuing for
some time to come).

However, the cost for winning nothing but what was
always the right thing anyway...$200,000 (including the investor’s original contribution
and costs of defense).

The lesson to be learned from this: No matter what the
cost, make sure you kids forget about medical school, engineering school, and
especially the Clergy when choosing a career. Get them into racketeering and
extortion school (erlaw school) as fast as you can. But, of course, don't
expect them to ever do any legal work for your for free later on...after all,
they will be attorneys.

Tell me this. Why don't we have the Looser Pays system that England does.
You want to sue? No problem…just sue to your heart's content...but do your
homework before you start, because if you lose, you pay your attorney, the
other guy's attorney and all courts costs.

Why don't we have 'Loser Pays' in the US?

Whoa! Tough question-until you consider who you'd have to go to to effect
legal reform: the same extortionists who despise the concept.

I even like Madagascar's
system better than ours. In Madagascar,
if you have a beef with your neighbor (i.e., a "tort"), each of you is
directed to go down to the dog pound and rent a fighting dog. Then whoever ends
up with the losing dog pays the claim and pays for both dogs (along with
funeral services for one of them).

Actually, I love dogs too much to advocate the system the way it is, so I'd
perhaps suggest using animals that we could at least eat afterward: maybe a
nice cow fight to the death would be the way to go. As the system over there stands now, Michael
Vicks should move to Madagascar. We'd all benefit. He could run the civil
court and the dog pound, and we'd all be rid of the bastard.

The TSA is Pising Me Off

nospam@example.com (Bill Gatten) — Sun, 10 Jun 2007 14:59:00 -0400

As many of the readers here may know, I do magic tricks during my seminars
(not good magic tricks, just magic tricks). Well, a couple weeks ago upon
arriving in Chicago,
ready for the start of a three-day workshop, as I open the suitcase containing
my magic stuff (about 50 lbs of it) I find a notification that my bag has been
searched by TSA. Every time before, when receiving the notification
I could always be sure that the inspector had damaged something because of
careless handling and proper re-packing. In one particular instance, they
removed and improperly replaced a special made box that I had paid $75.00 for,
which was destroyed as a result. On
another occasion, a $100 metal cylinder (containing trick folding flowers) was placed
in the wrong position and became hopelessly smashed flat (well beyond repair) in
transit.

But be all that as it may, some of my latest encounters with this
group of uneducated and sorely untrained yay-hoo's has tried my patience to the
breaking point. To wit: Upon arriving in Chicago a couple weeks ago, I found that a
pair of large brass trick scissors (e.g., I can open and close them, but no one
else can without knowing the secret) was missing. Someone at the TSA inspection
counter either forgot to put them back or took a fancy to them and kept them
for themselves. I had suspected that things had been taken before, but
this time there was no doubt.

Upon determining that the item was definitely missing, I called the phone
number listed at the bottom of the inspection notification. After twenty
minutes, I finally got a living person on the phone whereupon I explained my
problem. I wasn't asking for a return of anything, or any restitution, I just
wanted an understanding ear, and perhaps to receive some sort of grievance or
complaint form to complete and submit.

I honestly thought that by calling I might even help correct the system's
deficiencies. My suggestion ws that each inspector should have to personally
sign and date the notification slip, or at least indicate an employee number,
thereby taking responsibility for his/her actions. After all, don’t we get an
inspector's slip and his/her number in the package ("Inspected by No.
##") when we purchase a pair of under britches or a shirt or a suit?

At this suggestion, the person on the phone says: "No, we don't do
that."

"I know you don't do that," I respond, "that's why I'm
suggesting that someone SHOULD do that. At this, the woman says: "Sir, we
would have to remove those scissors anyway because they are longer than five
inches.” I say: "No you wouldn't, they were in my bag in the cargo
hold, and there is no limitation on the size of anything if it's not being
carried on the plane."

"Yes there is," she says, "I'm TSA and I should know what I'm
talking about."

"Yes you SHOULD," I exclaim, "but you don’t!” And
therein lies much of the ensuing clamity.

"Don't get snotty with me she says, "My department doesn't handle
that sort of thing and I didn't take your scissors."

"What's your name," I say, sighing deeply. "It’s none
of your business and we don't give out our names," she says, and
continues: "Sir, if you want to argue with someone, then you'll have to
talk to someone else, I don't need to have no discussion with
you." At that (ignoring the double-negative) I ask the name of
her supervisor, whereupon she responds, "I told you that is none of your
business...we don't give our names out."

I then ask to speak to someone in charge. After a good full minute,
another lady comes on the phone, announcing herself as "Miss Jones, the
supervisor." I thank her for giving her name and tell her the brief story:
that the scissors were removed from my bag illegally and that there is in-fact
no limit to the size of a scissors when carried in the cargo hold. I then
point out that it would be a good idea for someone in her department to make a
suggestion to her powers-to-be that all inspectors identify themselves when
going through traveler's private things, in order to help curtail errors,
damage and pilferage. The good Miss Jones, then tells me I should not be
carrying things on a plane that are that important to me. Furthermore,
she insists that the TSA inspectors are carefully screened and do not steal
things, and that anything removed is disposed of and never kept by TSA
employees. This, of course doesn’t count the unopened confiscated bottle of
water that I had only hours earlier seen a TSA employee open and drink when the
passenger had gone and she thought no one was looking.

I ask then why, if they were fully legal, my scissors were taken. She
say it was because scissors over five inches are not allowed on airplanes
I had to remind her again that they were in the cargo hold. At this she says,
“Oh yeah, that’s right,” and informs me that her department doesn’t handle such
matters and can't do anything about my problem, and that she's spent enough
time with me, and that I need to talk to someone else. I ask for a name
and a number of someone else to talk to. She says, "I told you we
don't give out that information...if you want to file a complaint you must do
so after receiving the form in our letter regarding this call.” She then asks
for my full name, address and telephone number (probably so that the guy who
stole my scissors can come to my house and take my TV too). It's been three or
four weeks now and no letter. Oh, and I had to buy another pair of trick scissors
(the replacements were only $65.00 though, so Miss Jones would probably insist
that I saved ten bucks because of the theft since the ones stolen had
cost me $75.00, and that I should thank the TSA for that.

ANOTHER OF MANY TSA GRIPES:

Last week upon flying into to Ashville N.C. for the day (arriving in the
morning and flaying back the same afternoon), I took with me only my overnight
bag, which normally would have been in my suitcase and shipped in the cargo
bay. But without thinking it out clearly, I had forgotten to remove my
liquids and a small leather bag of hand tools (screw driver, pliers, wood
chisel, leather awl, corkscrew, barber scissors and a small tack hammer).

Of course I was immediately nabbed at the X-ray machine and taken to the
side-table for a cavity search (not really, but a full going-over
none-the-less). When the indignities were finished, I was asked to step to
another area and watch, without touching, as my bag’s contents was emptied on
the table. At this, they take away my toothpaste (with perhaps only one squeeze
at most left in the tube); then my after-shave and cologne (perhaps a half
ounce in each container); two tiny tubes of hair dye (OK, now you know); a tube
Preparation H (see how the secrets keep coming out); a tube of KY jelly (don't
ask), and a combination screwdriver and tack hammer (about six inches in
length, the screwdriver comprising the handle of the tack hammer).

Now, here's the problem I have. After the careful inspection of the bag's
contents, they left me with a pair of 7"
long scissors (basically two sizeable knives if I wanted to remove the pivot
screw in the center). I also got to keep
two 6" long screwdrivers (a standard and a Phillips); a 5" long steel
chisel, a 5" long steel leather awl, a 4" long corkscrew and a five-inch
long metal-reinforced handle for each of the items (resembles a large pocket
knife with no blade).

"Why can’t we just take the screwdriver out of the hammer making them
both only 3” and 6" long respectively?" I ask stupidly.

"Because you could screw them back together to make a weapon if you
wanted to," came the answer.

Now I have to ask the reader: "Would you rather be attacked by a
terrorist wielding a ten- inch long combination handle and screw driver, a
steel wood awl or razor sharp chisel: or would a hollow tack hammer likely be
more fearsome and deadly?"

Regarding the liquids that were confiscated, they had to be tossed out
because I had no plastic see-through bag in which to place them. I was told
that if they'd been in a see-through bag they would have been allowed to go
with me.

OK, now think hard on this one (a little convoluted…maybe for a
Kindergartner): The inspector inspected the contents of my bag and looked
directly at all the things that were not in see-through plastic containers,
then sent me on my way to Ashville without them. He knew and I knew that there would be no
further inspections on that flight. According to him, had those Items been
in a plastic see-though bag so he could see them, I could have kept them.
But since he had taken them out of the bag and eye-balled them directly--SEEING
THEM--they took them away from me. But...if they'd been in plastic bags
SO THEY COULD BE SEEN (which they now had been), they'd have been OK
with that.

Here's my conversation with the inspector:

"So why is it that I can’t keep the liquids now that you’ve seen them?"

"Because they're not in see-through plastic bags."

"Do you have any plastic bags available?"

"No we don't supply those. They do sometimes at the front of the
line, but they ran out."

"And why do they need to be in these plastic bags?"

"So that we can see them."

"But you just took them out and looked at them, so why would I need the
plastic bags for the rest of the trip?"

"Policy Sir."

I have a mesh bag here that my toiletries came in (from which see-through
bag they had just been extricated by the inspector). You can see right
through it, why don't we just use that?"

"Because it's not plastic."

"But you can see through it!"

"Move along Sir, you're wasting our time here."

“But…but…”

“Move along!”

Among what I really wanted to say, but didn't get the chance, was (in
addition to informing the inspector that he was another buffoon in an army of
buffoons): "If more than 3 ounces of something disguised as toothpaste or
cologne or water might blow up an airplane, what's to stop me or anyone else from
carrying two or three 3 ounce tubes of the same stuff...in a see-through
plastic bag? Or what's to stop two or three terrorists from carrying 3 ounces
each and getting together after take-off?

OK, here's the real deal in a nutshell: Why doesn't the T !@#$% SA
hire intelligent people with some modicum of common sense? Why
don't they have a national contest and invite every concerned citizen to
fantasize about novel ways they might go about blowing up an airplane or
controlling the passenger list if they were to be terrorists. That way
the TSA could find out what truly needs to be looked out for? Why don't
they have every inspector and officer, and gate guard wearing name tags or
badges with ID numbers so that they can be called to common standards of
professionalism, as are police and firemen and FBI agents? Why can't every
inspection of the contents of one's personal items be videotaped for replay later
should a passenger feel he has been ripped-off or damaged by the actions of
these severely under trained and unprepared and underpaid governmental
pipe-dream?

Here's my solution to the mess:

All carry-ons should be banned, and every passenger made to disrobe
completely for the duration of the flight. Then before boarding, each
passenger should be made to lie on his/her back to be conveyed on the belt
through the X-ray machine: the trip through the machine to culminate in a
thorough anal probe in order to detect potential dangerous items being secreted
in such fashion.

Once aboard the plane, all pilots,
attendants and air-marshals should have to appear before the passengers showing
that they too are sans clothing and weapons. Next, all eating utensils
would be made of rubber, and potentially gaseous foods would be
disallowed during the flight, as such food could enable a group of would-be
terrorists to rip pieces of metal from tray-tables or window frames, and scrape
them together in order to create a spark
with which to ignite a symphony of middle-eastern farts, thereby instantly blowing
the aircraft to Smithereens in the name of Allah).

Sigh...were only I to be the king of the world...

But wait! Wait! I didn't tell you about when a TSA officer at Southwest
Airlines confiscated my ticket and threw me off my flight because I did the
unthinkable and reported "suspicious behavior."

That one went like this:

While standing in the Southwest cattle-call line for an hour in order to be
a part of the mad rush for an aisle seat, the guy in front of me, who looked
like a hybrid between a Iraqi prison camp guard and a 1950's Beatnik was carefully
scooting an overnight bag along the floor with his foot as the line moved
toward the gate. He slowly turned to me
and said, in a weird tone of voice: "…All I have in my bag is sandwiches…do
you think all the crew people leave the plane before they let people on?"

Thinking this a tad weird, I said I didn't know and began tapping on my
wristwatch to make time go faster. The guy then grinned at me as if a pair
of gerbils had just run up his lower digestive tract.

As as we waited, every ten minutes the PA system announced, "Please
report any suspicious behavior at once to any airport personal.” Then minutes
later the same request came again..."Do not leave your bags unattended,
and please report any suspicious behavior...". At this point the guy in
front of me turned around and grinned at me again, and looking down at his bag
as if he had a secret hidden there that only he and I knew about, he winked slyly at me as if to seal our
mutual vow of secrecy and silence.

Now I'm becoming a little concerned, so being a good citizen who can follow
orders, I excuse myself and walk over to a TSA official and quietly tell her
about the guy and his unusual and suspicious behavior. The TSA gal
looks me firmly in the eye and says, "Sir we don't re-inspect bags once
they passed through screening."

Being new at ratting people out and trying to reason with someone I am not
yet sure is an idiot, I ask: "But what if the screening people were looking
the other direction when this one came through on the belt (which I've seen
happen a dozen times in my frequent traveling).

"Sir, that doesn’t happen and you can't expect us to re-inspect people
because they're acting weird, that would be "profiling,” now wouldn't it?

I then commented that perhaps a little profiling in this case might not be a
bad idea and might even save some lives.

The next thing I know, another TSA official approaches and the woman I'd
been talking to says to the man who was apparently a superior: “Earl, this
guy here thinks someone in the line over there has a bomb in his bag. You talk
to him."

I of course denied having said any such thing and insisted that I was only trying
to report suspicious behavior as instructed by the overhead messages. As
we are having the conversation the loud speaker once again bleats our the
announcement, and I say, pointing up at the ceiling, "See!" And
once again I am grinned at (in stereo now), rebuffed and informed that singling
out this person for merely being a possible lunatic terrorist bomber would
constitute profiling, and that my warning is in fact unwelcome, unwarranted and
wholly unfair since I do not know anything about this person or his
motives. At this, against the direction of the little guy in white on my
shoulder telling me to keep my mouth shut, I exclaim under my breath that:
"I have never seen such incompetence and sheer stupidity in my life."
Then blamo! Out of nowhere come two more (different) TSA dudes who yank my
airline ticket out of my breast suit pocket, declaring that I would not be
flying that day!"

I then watch as the line of lowing cattle board the plane in a trance and
singing a low Gregorian Chant (most of whom had, without the slightest bit of concern,
witnessed my run-in with the "authorities"). Me? Oh, I simply went
next door to US Air and bought another ticket...with a no-hurry first-class
seat assignment (I even ended up with an extra bag of peanuts as I recall)!

As I stood at the US Air window watching the Southwest flight take off,
ascending gracefully into the golden California sunset, I must, most ashamedly,
admit that at that point, although I wanted to have been wrong about the mad
bomber: at the same time, still (waaay in the back of the reptilian vestigial
part of my brain) I secretly hoped the plane would explode in full view of
those who had offended me. Although, hearing nothing to the contrary on
the news, I have to assume that everyone made it safely to his or her
destination and that the crazy guy got to eat his bag of sandwiches in peace.

As I waited to board my new flight, I got to hear the announcement three
more times: "All passengers, please do not leave bags unattended, and
report any suspicious or unusual behavior to airline security personnel immediately.”
I was tempted to give the finger to the loud speaker, but restrained myself in
fear of arrest for bird-flipping an inanimate object in a public place.

Overall, though, I did learn a good lesson from the experience: the next
time I see what appears to be a group of Muslim extremists with machetes and
box cutters boarding a plane, I’ll keep my damn mouth shut!

My guess is that a letter to airline headquarters suggesting that they add
to their recording "...and be deemed a Doofus nut case and loose your
right to fly" would probably fall on deaf ears.

Does anyone remember when the only rule for carry-ons was that machine guns
had to be in violin cases? Now, were those the good old days, or what?!

Let's Destroy America!!! The steps.

nospam@example.com (Bill Gatten) — Wed, 06 Jun 2007 19:49:16 -0400

Medicare Part D

In 2007, 5 million
of our older Americans had not signed up in the allotted time, for their
Medicare, Part D, drug plan. Afterall they are old and more confused than most beaurocrats (that's why Part D is so important to their survival). YET they were denied an extension.

However, all the while, the 12 million-plus illegal aliens in
our country were allowed to stay, work, protest, fly the American Flag upsidedown beneath the Mexicn flag in publi schools, procreate in profusion, receive
support monies, attend schools, avoid paying income taxes, loiter in and blight nice neighborhoods, force our teachers to enroll in 300 hours of English as a Second Language at
our expense, clog our emergency units and community sponsored hospitals to the point of forcing their closures by the hundreds.. (gdmittt!!!!!!)

THE AMERICAN GOVERNMENT MUST EITHER REALLY DISLIKE OUR OLDER
AMERICAN CITIZENS, OR THEY MUST REALLY LOVE THOSE WHO HAVE, DUE TO THEIR THIRD WORLD MENTALITY HAVE TURNED THEIR OWN COUNTRY OVER TO DRUG LORDS, CROOKED POLITICIANS, CORRUPT LAW "ENFORCEMENT," AND MURDEROUS ROVING BANDS OF THEIVING, KIDNAPPING THUGS...WHO ARE DESTINED TO TURN OUR GOVERNMENT INTO A COPY OF THEIRS.

Let's just see
how the government will handle the program for the 2008 year for our
senior citizens.

Oh, don't
forget to pay your taxes and be thankful for the opportunity to contribute. 12 million-plus illegal aliens are depending on
you!

-0-

I checked the following out at the Urban Legends Reference Pages
(Snopes.com), and it's true...and more than mildly chilling to read! Please! Please understand that is not a joke, wild rumor and heresay, or some conspiracy theory...the threat is real and growing exponentially as we pay do-nothing lip-service to our child-like "potential solutions."

We don't need a goddamned fence! We need to stop putting our own border guards in jail for doing what they are paid to do, and for caring (for a change) whether or not some foregin criminal scum bag wants to important drugs into our country to kill, injure and habitute Ameircans for the benefit of their own financial gain. Those poor guys didn't deserve jail...they deserved badges of honor and new high-powered machine guns...and the right to use them...to save what's left of our freaking democracy!

We
know Dick Lamm as being the former Governor of Colorado. In that context I think his thoughts
are particularly poignant.

Last week (early 2007) there was an immigration overpopulation
conference in Washington,
DC,
filled to capacity by many of America
's finest minds and leaders. A brilliant college professor by the name of
Victor Hansen Davis talked about his latest book, "Mexifornia,"
explaining how immigration - both legal and illegal was destroying the entire
state of California. He said
the infestation would soon march across the country until it destroyed all vestiges of The
American Dream.

Moments
later, former Colorado Governor Richard D. Lamm stood up and gave a stunning
speech on how to destroy America. The audience sat spellbound as he described eight methods for the destruction
of the United States.
He said, "If you believe that America is too smug, too
self-satisfied, too rich, then let's destroy it! It is not that hard to do. No nation in history has survived the ravages of
time. Arnold Toynbee observed that all great civilizations rise and fall, and
that 'An autopsy of history would show that all great nations commit suicide.
"Here is how they do it," Lamm said:

"First, to destroy America, turn America
into a bilingual or multi-lingual and bicultural country." History shows
that no nation can survive the tension, conflict, and antagonism of two or more
competing languages and cultures. It is a blessing for an individual to be
bilingual; however, it is a curse for a society to be bilingual. The historical
scholar, Seymour Lipset, put it this way: "The histories of bilingual and
bi-cultural societies that do not assimilate are histories of turmoil, tension,
and tragedy." Canada, Belgium,
Malaysia, Germany
and Lebanon
all face crises of national existence in which minorities press for autonomy,
if not independence. Pakistan and Cyprus
have divided. Nigeria
suppressed an ethnic rebellion. France
faces difficulties with Basques, Bretons, and Corsicans," Lamm went on:

Second, to destroy America,
"Invent 'multiculturalism' and encourage immigrants to maintain their own culture.
Make it an article of belief that all cultures are equal. That there are no
cultural differences. Make it an article of faith that the Black and Hispanic
dropout rates are due solely to prejudice and discrimination by the majority.
Every other explanation is out of bounds.

Third, "We could
make the United States
a 'Hispanic Quebec' without much effort. The
key is to celebrate diversity rather than unity. As Benjamin Schwarz said in
the Atlantic Monthly recently: "The
apparent success of our own multiethnic and multicultural experiment might have
been achieved not by tolerance but by hegemony. Without the dominance that once
dictated ethnocentricity and what it meant to be an American, we are left with
only tolerance and pluralism to hold us together." Lamm said, "I
would encourage all immigrants to keep their own language and culture. I would
replace the melting pot metaphor with the salad bowl metaphor. It is important
to ensure that we have various cultural subgroups living in America
enforcing their differences rather than as Americans, emphasizing their
similarities

"Fourth, I would make
our fastest growing demographic group the least educated. I would add a second
underclass, unassimilated, undereducated, and antagonistic to our population. I
would have this second underclass have a 50% dropout rate from high school

"My fifth point for
destroying America
would be to get big foundations and business to give these efforts lots of
money. I would invest in ethnic identity, and I would establish the cult of
'Victimology.' I would get all minorities to think that their lack of success
was the fault of the majority. I would start a grievance industry blaming all
minority failure on the majority population.

"My sixth plan for America’s
downfall would include dual citizenship, and promote divided loyalties. I would
celebrate diversity over unity. I would stress differences rather than
similarities. Diverse people worldwide are mostly engaged in hating each other
- that is, when they are not killing each other. A diverse, peaceful, or stable
society is against most historical precedent. People undervalue the unity it
takes to keep a nation together. Look at the ancient Greeks. The Greeks
believed that they belonged to the same race; they possessed a common Language
and literature; and they worshipped the same gods. All Greece
took part in the Olympic Games. A common enemy, Persia,
threatened their liberty. Yet none of these bonds were strong enough to
overcome two factors: local patriotism, and geographical conditions that
nurtured political divisions. Greece
fell. "E. Pluribus Unum" -- From many-one. In that historical
reality, if we put the emphasis on the 'pluribus' instead of the 'Unum,' we
will balkanize America
as surely as Kosovo.

"Next to last, I
would place all subjects off limits; make it taboo to talk about anything
against the cult of 'diversity.' I would find a word similar to 'heretic' in
the 16th century - that stopped discussion and paralyzed thinking. Words like
'racist' or 'xenophobe' halt discussion and debate.

Having made America
a bilingual/bicultural country, and having established multi-culturalism, and having
the large foundations fund the doctrine of 'Victimology.'

"Next I would make it
impossible to enforce our immigration laws. I would develop a mantra: That
because immigration has been good for America,
it must always be good. I would make every individual immigrant symmetric and
ignore the cumulative impact of millions of them."

In
the last minute of his speech, Governor Lamm wiped his brow. Profound silence
followed. Finally he said,. "Lastly, I would censor Victor Hanson Davis's
book "Mexifornia."His book is dangerous. It exposes the plan to destroy America
. If you feel America
deserves to be destroyed, don't read that book."

There
was no applause. A chilling fear quietly rose like an ominous cloud above every
attendee at the conference. Every American in that room knew that everything
Lamm enumerated was proceeding methodically, quietly, darkly, yet pervasively
across the United States
today. Discussion is being suppressed. Over 100 languages are ripping the
foundation of our educational system and national cohesiveness. Even barbaric
cultures that practice female genital mutilation are growing as we celebrate
'diversity.' American jobs are vanishing into the Third World as corporations
create a Third World in America - take note of California
and other states - to date, ten million illegal aliens and growing fast. It is
reminiscent of George Orwell's book
"1984." In that story, three slogans are engraved in the Ministry of
Truth building: "War is peace," "Freedom is slavery," and
"Ignorance is strength."

Governor
Lamm walked back to his seat. It dawned on everyone at the conference that our
nation and the future of this great democracy is deeply in trouble and
worsening fast. If we don't get this immigration monster stopped within three
years, it will rage like a California
wildfire and destroy everything in its path especially The American Dream.

ADDENDUM
- The following is not intended to condemn or belittle Americans who are Democrats
politically: only to alert all the rest of us to those cowardly pseudo
democrats who are constantly marching, pleading, striking,
organizing, objecting and demanding the overthrow of our country though civil
disobedience in direct opposition to the welfare of America. These mewling social
dregs are dedicated to the empowerment of our most deadly, determined and vehement
enemies who are dedicated to killing every one of us. The constant demands for
healthcare and Welfare handouts, baseless pacifism and disgorgement of the
country's coffers can only bring America to its knees in defeat.

It's a fact that when our original thirteen states adopted
their new constitution in 1787, Alexander Tyler, a Scottish History professor
at the University of Edinburgh, speculating on the success of the new
American Democracy, had this to say about democracies with specific regard to
the fall of the Athenian
Republic some 2,000 years
earlier:

"A democracy is always temporary in nature; it simply cannot
exist as a permanent form of government."

"A democracy can only function until the time that
voters discover they can vote themselves generous gifts from the public
treasury."

"From that moment on, the majority always vote for the
candidates who promise the most benefits from the public treasury, with the
result that every democracy will finally collapse due to loose fiscal policy,
which is always followed by a dictatorship."

"The average age of the world's greatest civilizations
from the beginning of history, has been about 200 years"

"During those 200 years, those nations always
progressed through the following sequence:

1. from bondage to spiritual faith;

2. from spiritual faith to great courage;

3. from courage to liberty;

4. from liberty to abundance;

5. from abundance to complacency;

6. from complacency to apathy;

7. from apathy to dependence;

8. from dependence back into bondage"

Professor Joseph Olson, St. Paul, Minnesota,
points out some interesting facts concerning the 2000 Presidential election: (Probably similar for the 2004 election.)

Number of States won by:

Gore: 19 Bush: 29

Square miles of land won by:

Gore: 580,000 Bush: 2,427,000

Population of counties won by:

Gore: 127 million Bush: 143 million

Murder rate per 100,000 residents in counties won by:

Gore: 13.2 Bush: 2.1

Professor Olson adds: "In aggregate, the map of the
territory Bush won was mostly the land owned by the taxpaying citizens of this
great country. Gore's territory mostly encompassed those citizens living in
government-owned tenements and living off various forms of government
welfare..."

Olson believes the United State
is now somewhere between the "complacency and apathy" phase of
Professor Tyler's definition of democracy, with some forty percent of the
nation's population already having reached the "governmental
dependency" phase.

If Congress grants amnesty and citizenship to twenty million
criminal invaders called “illegals” and they all become voters, then we can say
goodbye to the USA
in fewer than five years.

Just think about it...when the rule of the majority
determines a country's fate, and the majority wants everything for nothing,
they can only vote themselves into the positions vacated by those pushed-out by
popular vote, who thought of the country's welfare first, and the welfare of
factional elements last. I.e., "What's good for all is good for one; but
that which is only good for one, strangles the rest of us." When this
country's gates are finally flung wide-open, guess which sector of the new
population, the newcomers, will be in...those interested in the welfare of the
country? Or those more concerned with feeding, funding and treating themselves
for free: i.e., those unable to contribute equally to the Whole will, with
alarming alacrity, disproportionately drain it of life.

Opening our borders to the citizens of under-developed
countries without absolute rule and order and a long-term plan can only have
one ultimate effect: annihilation of everything dreamed of, hoped for, and for
which the rest of us have given our lives for the sake of Freedom..

The word "illegal" means - Against the Law

"Against the Law" means - Not allowed – not legal

Something that is not allowed and patently illegal must be immediately
handled with all due strength and determination!

Those who indulge in illegal acts (“illegals” and their benefactors
and facilitators) are supposed to be either fined, imprisoned, rehabilitated or
sent back to where they came from. In
this country, after three episodes of an illegal activity (3 strikes) the law of
the land is that there can be NO reprieve or leniency. So what the hell is
wrong with this picture??!!

You can read allof this and smile or you cn become outraged
and do something…your choice.

-0-

CHEAP TOMATOES? WHAT CHEAP TOMATOES? WE DON'T NEED NO DAMN CHEAP TOMATOES!

From a California
school teacher - - -

"As you listen to the news about the student
protests over illegal immigration, there are some things that you should be
aware of:

I am in charge of the English-as-a-Second-Language department
at a large Southern California
high school that is designated as being a Title 1 school, meaning that its students
come from the lowest socio-economic and income levels.

Most of the "rebel" schools you
are hearing about in the news, South
Gate
High, Bell Gardens
, Huntington
Park, etc., where these students are protesting (and shouting anti-American slogns, and flying our flag upside down), are also Title 1
schools.

Title 1 schools are on the free breakfast and free lunch
program. When I say free breakfast, I'm not talking a glass of milk and roll...but a full breakfast and cereal bar with fruits and juices that would make a
Marriott proud. And wth this conspicuous abundance of food, comes its waste. The weaste is monumental, with heaping trays and heping trays of it
being dumped in the grbage uneaten. (OUR TAX DOLLARS AT WORK
)

I
estimate that well over 50% of these students are obese or at least overweight. And about 75% or more of them have the lasest and most expensive shoes and cell phones (not to mention their firearms).
These schools also provide free day care centers for
the
unwed teenage mothers
(some as young as 13) so they can attend class (by staring out the window all day or causing a fiasco) without the inconvenience of
having to arrange for babysitters or having family watch their
kids.
(OUR TAX DOLLARS AT WORK)

Recentlly I
was ordered by the school bord to spend $700,000 on my department or risk
losing any future funding for the upcoming year, even though there was
little need for anything; my budget was already substantial. I ended
up buying new computers for the computer learning center, half of which, within a month have been damaged to the point of not working or carved with graffiti by the appreciative
students who are so humbled and grateful for thier free education in
America: an education that only a few generations ago was coveted more than just about anything and available only to royalty and the most wealthy elite. (OUR
TAX DOLLARS AT WORK)

I
have had to intervene several times on behalf of inexperienced teachers whose
classes consist primarily of illegal immigrant students; many of whom has been here in our country for less than 3 or 4 months, who raised so much hell that class rooms hd to be shut down for the day. The trouble was largely between male students and female
teachers, calling them names in Spanish (e.g., "Putas" whores; "pan dulce," a demeaning term literally meaning "sweet bread," etc.) and throwing things at them, bringing the
teachers to tears and feelings of utter dispair.

Free medical, free education, free food,
day care etc.. Is it any wonder they feel entitled to
not only be in this country but to demand rights, privileges and entitlements that they just pee on when they get them?
To those who want to point out how much these illegal immigrants
contribute to our society because they LIKE their gardener and housekeeper, and
because they like to pay less for tomatoes, I suggest they spend some time in the real world of
illegal immigration and see the TRUE problems, dangers and costs.

Higher
insurance, medical facilities closing one after the other for being unable to hndle the load of free health care, higher medical costs, more crime, lower
standards of education in our schools, over-crowding, new diseases, more political unrest, etc..

For me, I'll pay more for
tomatoes. The recent Spinach-Salmonella recall debacle arose because an illegal immigrant felt it socially acceptable and quite appropriate to take a crap in the field's irrigation system. Of course that's nothing to be concern ed about, because he was the only diseased immigrant in the country, and most assuredly the only one to have ever done such a thing...and he undoubtedly only did once and learned his lesson.For God's sake...We
need to wake up!
The so-called Guest Worker Program will amply the problem by a factor of 1,000 and will be a
blatant failure and total disaster because our politicians won't have the guts to enforce it. Does anyone in their right mind really think these illegals will voluntarily leave the country after the harvest and
return all shiny-faced and raring to go next year?

A
third-world mindset that does not value education, that
accepts children getting pregnant and dropping out of school by 15
and that refuses to assimilate, and
an
American culture
that has become
so
weak
and worried about
"political correctness"
that we have lost our will to do the right thing to ameliorate the wrong circumstances.

CHEAP
LABOR? Isn't that what the whole immigration issue is about? Get real!

Business
doesn't want to pay a decent wage.

Consumers don't want expensive
produce.

Government tells you that Americans don't want these menial
jobs.

But the bottom line, no matter you spin it, is cheap labor. The phrase "cheap labor" is
a
myth, a
farce, and a lie. There is no such thing as "cheap
labor."Take,
for example, an illegal alien with a wife and five children. He takes a
job for, say, $8.00 or 10.00/hour. At that wage, with six
dependents,
he pays no income tax, yet at the end of the year, if
he
files an Income Tax Return, he gets an "
earned income credit" of up to $3,200 free.
He
qualifies for
Section 8 housing
and
subsidized rent.

He
qualifies for
food stamps.He
qualifies for
free (no deductible, no co-pay) health care.
His
children get free breakfasts and lunches at
school.
He
requires bilingual teachers and books.
He
qualifies for relief from high energy bills.
If
they are or become, aged, blind or disabled
, they
qualify for SSI.
Once qualified for SSI they can qualify for
Medicare
. All of this is at
(our) taxpayer's expense
.

He doesn't worry about car insurance, life insurance, or homeowners
insurance.

Taxpayers provide millions of dollars for
Spanish
language signs, bulletins and separate printed material.

As a result of all of this, the illegal and his family receive
cash and benefits that are the equivalent of $20.00 to $30.00/hour or more.

Many working
legal Mexican Americans are lucky to have $5.00 or $6.00/hour left after paying their bills
and his.

In additional to all this, we taxpayers are also paying through the nostrils for increased crime, graffiti
and trash clean-up.
Cheap labor? YEAH
RIGHT!
Wake the hell up people!
THESE
ARE THE ISSUES OUR CANDIDTES SHOULD BE ADDRESSING. 'AND WHEN THEY LIE TO US AND REFUSE TO DO AS THEY SAY THEY,
WILL, WE SHOULD BOUNCE THEM AT ONCE!'

WHAT'S NEXT? THE CONVERSION TO ISLAM OF ALL ILLEGALS? NOW, THAT WILL BE A FUN WAR TO FIGHT...

Continue reading "Let's Destroy America!!! The steps."

Building a Canoe

nospam@example.com (Bill Gatten) — Thu, 26 Apr 2007 15:23:57 -0400

BUILDING A BIRCH-BARK CANOE OUT OF SARAN WRAP AND BANANA PEELS
OR…”WE MAY BE EXPENSIVE, BUT WE ARE VERY SLOW”

By Bill J. Gatten, Author of the run-away best seller, “No Down! No New
Loan!” (i.e., THIS author’s best seller that is)

For interest’s sake, the following is a recent letter to network
members who suggested that he might want to reconsider using the
NEHTrust or PACTrust because it takes longer to facilitate and close
than does a L/O or Wrap. Well…being the thin-skinned meek little
(sweet) jelly muffin I am, I suggested that if he didn’t want it done
right, I couldn’t help him; but that if he did want it done right it
would take more time than would a creative financing scheme of some sort (L/O, CFD, Wrap-Around, Equity-Share, etc.).

Our motto around here is: You can pick any two (but only two)
from the list below, and we'll be your Huckleberry…

1) Have it Done Properly
2) Have it Done Quickly
3) Have it Done Cheaply

So…after it was suggested that we shouldn’t take such criticisms
so personally, I responded with the following:

Yup…I do take personally anything that has to do with the safety
and well being of your business and/or mine. My business is ME, and
my products and services are 100% ME: and [product or service comprises
my very alter ego to the nth degree (to the bone, as it were). And,
hey, that's not a bad thing though, because that quality within me is
what keeps me and all my students and clients out of court and out of
jail.

As well (I continued), I do understand your frustration Elmo,
(“Elmo T. Flopenenwaller”) and I am willing to work through it with you
with any constructive suggestions you might have for improvement: but
in the meantime, you MUST understand that certain processes simply may
not be avoided or compromised. If we allowed that, we could not hold
ourselves responsible for these transactions and keep you and your
clients out of serious trouble later on down the line.

The entire process comprising the Third Party Co-Beneficiary
Transaction (PACTrust™ or NEHTrust™) is as follows (I have given
reasonable time spreads for the number of workdays that might be (could
be) involved in each of the steps or phases which comprise the
documentation process...variations in mailing and shipping times and
weekends and intervening holidays notwithstanding:

1. Fist, your clock starts ticking (though ours doesn’t yet)
when you meet with you client and get their acceptance of your proposal
– 1 – 2 DAYS

2. Next you obtain all the appropriate information and send it
to us (or have us obtain it for you). 1,2 3 OR MORE DAYS has usually
gone by since your original contact) – 1 DAY

3. Next, you compile and forward us Appendices 1 through 5
completed (if not completed accurately or fully, add another day or two
for us to round-up all the information we need for data input) - 1-2
DAYS

4. Our data input and document formatting is completed (3 or
more hours of work), whereupon the initial land trust is created and
sent to legal for review and to PAC or Equity Holdings for holding once
the signed original is received following COE) - this serves as notice
to collections and the trustee that the transaction is in process and
entering Escrow within the next 1-2 days, and for them to get their
procedures in line to receive the new project when Escrow closes - 1-2
DAYS FOR INPUT AND FORWARDING

5. A Verification of Data (VOD) report is then sent to you
(the investor) for review. At this point nothing is sent to the
parties until you have personally approved and verified that the
figures are accurate and that no information is being given to anyone
that shouldn't see or have it (e.g., your acquisition price, mo
payments, initial work-out arrangements, etc.). We then have to wait
up to 48 hours for a return or acceptance of the VOD: though we will
proceed without you if we haven't heard from you in 48 hours - 2-3 DAYS

6. When your VOD has been signed and returned to our office,
or when your 48 hours are up, we then draw First Drafts. At that point
if no corrections are necessary (‘happens VERY rarely), then the first
drafts are individually forwarded to all parties (by regular or
overnight mail, unless we are instructed differently): Allow for 2 days
to delivery and 2 days for return or verification - 4-5 DAYS

7. When all drafts have been returned with corrections or
acknowledged to be OK as is (happens rarely), we then either -- 1)
complete and forward 2nd drafts (if corrections were made) – 2-3 DAYS;
or 2) proceed to final documentation (if no corrections were required)
– 1-2 DAYS. All final documents are forwarded (by overnight mails or
PDF computer file) to Escrow - 1-2 DAYS

8. Any additional verbiage in the Rider Agreement or in
related documents (other than boilerplate) must be run though our legal
department (outside law firm) for review and approval - 1-3 days
(depending upon attorney's case load)

9. Following legal review, documents are forwarded to Escrow,
who then prepares the Settlement Statements and any other necessary
documents simultaneously with their Escrow Instructions for shipping. 2
DAYS

10. At this point Escrow either arranges for a sit-down closing
in the client’s area, or (if preferred) documents are sent Over Night
for execution in counter-part for return to Escrow for final review and
approval of completeness. The documents have then to be signed
notarized and returned to Escrow by the US Mail, Fed Ex or UPS – WHOLE
PROCESS CAN TAKE 6-7 DAYS

11. When everything is back in Escrow’s hands--if no mistakes
have been made—the final title search is run and the deed is sent by
messenger for recording in the local area (US Mail, Fed Ex or UPS):
all monies are then distributed (checks cut) to the appropriate parties
and the Escrow is closed - 1-4 DAYS (depending upon time-of-day
materials are received and/or mailed out by Escrow)

12. Upon their receipt by Escrow, all original signed documents
are reviewed for correctness and forwarded (Overnight Mails) to PAC or
Equity Holdings and to NARS for final set-up of the Holding and
Collections files. PAC then sends a Welcome Letter and remittance
instructions…and voila, the transaction is finalized - (ANOTHER 1 - 2
days).

Now, Understand CLEARLY that IF at any point along the way a mistake is
made and not caught soon enough, it may become necessary to redraft
certain documents (e.g., if the MAV were not stated correctly in the
beginning, or if payments were not calculated properly, or if a key
profit center wasn’t clearly defined in the beginning…or new Rider
information were to requested, etc.)

Ways to shorten the processing time or your transaction:

1 ) Make sure all “I’s” are crossed and all “T’s” are dotted on the
original worksheets (Appendices #1 thru #5) when you send them to
us

2 ) Verify and clear all anticipated charges through NARS (Appendix 4)
first, before sending in the worksheets (Appendices #1 thru #5).

3 ) Assure that all start-up moneys (Retainer Fee and Good Faith Escrow
Deposit) accompany your order for documentation; and assure that
the Retainer Fee Agreement is properly signed and dated when we
receive your package. We can not start without a signed and paid
Retainer Fee Agreement

4 ) Provide NARS with a good and valid Legal Description of the
property along with your order for documentation and facilitation
(full Lot, Tract, Map Book, Page, Plat, Parcel, Assessor’s I.D.
Number, etc.) at start. If we have to order it, it can add 2-3 or
more days onto the turn-around time.

5 ) Volunteer to handle the walk-in and recording of the transfer
document (deed) yourself once it has been signed and notarized by
the transferor (state that you will do that in a note with your
documentation order)

6 ) Handle all mailings by overnight or express mail

7 ) Be prompt in reviewing and returning VOD’s, drafts, corrections,
changes or amendments by Fax. And, above all, be explicit enough
in your notation (re. variations from standard documentation) that
you do not have to be contacted for clarification

8 ) Be as brief as possible, but complete (i.e., be succinct) in all written (fax

ed or Emailed)

correspondence.

9 ) Volunteer to handle the final signing of documents yourself in your office (must
have a Notary standing by) so that clients can’t dawdle and procrastinate.

10 ) Never be mean to anyone in the NARS documentation department (but do not send
candy or flowers alone…cold hard cash and booze bribes seem to work best).

Big Fat "Lies"

nospam@example.com (Bill Gatten) — Thu, 26 Apr 2007 15:12:11 -0400

Big Fat “Lies” To Tell So You Can Have Your Way In The Creative Real Estate Business
By - Bill J. Gatten

Have you ever ridden a roller coaster? Did you ever stop to think why someone would do that just for the thrill of it, but they wouldn't want to ride in a rattling little jalopy going the same speed on a winding mountain road of the same track-width, with sheer 200 foot drops on both sides…while someone they never met did the driving?

Well, the answer is obviously that one is real and dangerous, while the other is real but not dangerous. On the roller coaster you can have the thrill of fear with a predictable safe outcome, rather than experiencing fear with death being a potential (if not probable) outcome. The squeals and screeches emanating from the roller coaster ride are usually articulated through gleeful smiles and feigned contortions of the face, followed with “Wheeeee!” or “Whoopee!” or “Yaaaaagh!” Whereas on the narrow mountain-road in the out of control jalopy, the screams are sincerely generated and followed with a loud tapering-off exclamation, possibly like: “Oh…sh………..…!”

Now take prevarication (lying) as another example…that's another fun and dangerous pursuit more popular with some than others, which invariably wreaks disastrous results (e.g., shame, a whack on the head, a poke in the eye, jail time, loss of respect, loss of friends, destroyed future, etc.). But have you ever secretly wondered what it might be like to have a “license to lie”…tell big ol' fat bold-faced mendacities all day long…say, for just one day, in order to get what you want out of people, while not risking any damage to your good name or your Karma. Wouldn't it be great to have that privilege, but to know in advance that all the lies you told that day would actually turn out be the God's Honest Truth by the end of the day? Would that be cool, or what?

Well, let's try a little experiment. Here are some of the wildest lies imaginable that one could tell in order to acquire, control, sell or lease real estate. Let's see how many of them could be made to fly (i.e., actually become the truth at the end of the day) via the use of the North American Realty Services Equity Holding Trust Transfer System™ (the “NEHTrust™). And remember…none of these statements have to be true.

As of right now, there's a day long moratorium on honesty…these assertions are simply what you might say—true or not—in order to get your way. Accept them as flat-out lies, and ask yourself…”What other baloney could I spew to get some houses”; or ”If this lie were in-fact told, would it get me what I want?” Also know that your objective is to acquire that property, or the control of it at any cost…but with no cost to you. Now, remember, in this role you're also flat broke and your credit stinks.

For The Landlord Whose Property You Would Like To Control

Mr. Landlord...I saw your 'For Rent' ad (sign), and if I can have the opportunity to buy the place from you in a few years…

• I'll pay you more than your asking for rent
• I'll pay all your maintenance costs during the rental agreement
• I'll cover all your property tax expense while I rent from you
• I'll cover all your management costs during our agreement
• I'll eliminate all of your negative cash flow
• I'll take 100% responsibility for the property and everything associated with it
• I'll put in a 3rd party tenant for you, and guarantee his rent and performance 100%
• I'll set our arrangement up so that the property and the title are shielded from bankruptcy, tax liens, creditor claims, probate, or marital dissolution legal actions on your part
• I'll eliminate all of your negative cash flow
• I'll put an end to all possibilities for Vacancies
• I'll completely annihilate all landlording woes and headaches for you—forever
• And, sure, you bet I have all the cash needed for the deal

For the 'For Sale By Owner’

Mr. FSBO. I saw your For Sale by Owner” ad (sign), and if you can stay on the loan a while longer, say for a couple years, and leave your equity in until then, I'll buy the place from you today for full value. And not only that, but…

• I'll pay you more for the property than your asking
• I'll even pay more for the property than it's worth
• I'll take over all payment responsibilities without even going on title
• I'll pay you the full value for your home, townhouse or condo and give you all cash
• I'll pay you full price-- 1) all cash, or 2) buy for a higher price on your terms
• I'll preserve and protect all of your existing equity
• I'll pay all maintenance costs
• I'll pay all property tax expense
• I'll buy the property from you today, but let you keep half of my appreciation and principal reduction over the next 5 years
• I'll buy your house and put you into another one with only minimal up-front cost and no credit check
• I'll buy your house and put you into another one with no down payment
• I'll buy your house and give you a letter than will allow you a 100 percent Debt-to-Income Ratio credit on you next mortgage loan
• I'll arrange it so that you can stay on the loan and give me the benefits of ownership without a Due-on-Sale Clause violation
• I'll never need to be on your title
• I'll protect your from any liens, suit or creditor judgment that could befall me
• We can close in a week (if the Escrow and documentation process doesn't slow me down)
• I'll cover all back payments; clear up and re-establish your credit with your lender (re. arrearages, back taxes and penalties)
• And, sure I have all the cash needed for the deal

Bold-Faced Lies You Can Tell A Tenant/Buyer To Manipulate Him/Her As Well
Dear Mr. & Mrs. Tenant/Buyer…thanks for calling. Through me and my special know-how and broad range of brilliant expertise…

• You can lease the property with a full tax write-off
• You can buy the property without a credit application
• You can buy the property without a new bank loan
• You can buy the property without a down payment
• You can put your closing costs on a credit card
• You can be just a renter, but still participate in it's appreciation, mortgage loan principal reduction and tax write-off
• You can own the property without great or even "good" credit
• You can own the property, versus renting, and pay less than you would to rent it
• You can enjoys all the benefits of homeownership without further scrimping and saving
• You can live virtually rent-free, given reasonable appreciation over time
• You can buy now with all benefits of homeownership now, but finance later when/if you feel like it
• You can have 100% of the benefits of Fee Simple real estate ownership, including tax write-off, and never have to be on title (thereby protecting your home from the threat of litigation of all types)
• And, nope, you don’t need a lot of cash for the deal

OK…now, the day is done and the jig's up (a phrase, the origin of which I wonder about a lot)! All your big fat lies have to suddenly become truths now. Well, if you were planning on utilizing the Equity Holding Trust System (NEHTrust or NEHTrust)…then everything said above is in-fact all true…plain and simple!

Go back and check it out: every one of these promises is fulfilled through the NARS Equity Holding Trust Transfer System™ every day.

I'd dare anyone to try to convert ALL the above statements to truths when using a creative financing vehicle: such as, sy, a lease, option, a purchase option, a wrap, a contract for deed, n equity share, any subject-to rrangements, short-sale, etc..

You might want to give this one a lot of thought folks.

Bill

Finding an Attorney

nospam@example.com (Bill Gatten) — Thu, 26 Apr 2007 14:54:34 -0400

Why Drive a Jalopy When You can Have a Mercedes Benz?
An Introduction The Uniqueness Of The NARS Equity Holding Transfer System™
by Bill Gatten

A caution to always seek out the advice of a competent attorney before "trying this at home" is definitely good advice: but I find it difficult to proffer truly good (non-legal) advice on the subject of seeking the right attorney with regard to the NEHTrust(tm) System, or even land trusts in general. In fact, I find myself "...a tad 'twixt a rock and a hard place" here (as it were), mostly because... they jest ain't hardly no sech’a lawyer a'tall around these parts (as one might be wont to say on ‘Jerry Springer’).

For the record, however, I certainly do not advocate proceeding in any real estate related transaction without the advice of a "good' and "knowledgeable" real estate professional. Buyt the quandary in which I find myself is that there are very few attorneys who are both (good and smart), much less who know anything about the use of trusts in general. There is also that nagging fact that there are even fewer who know kidney beans from kick boxing about what a "land trust" is...much less what is does, or how it differs from other living (inter vivos) trusts. Many attorneys have never even heard of such a thing; and there are even fewer yet who are competent to offer sound advice, yeah or nay, relative to the use or safety of an "Illinois-type, revocable, inter vivos, title-holding, beneficiary-directed, third-party trustee, land trust transfer (i.e., the NEHTrust System™)."

Ordinarily, when an uninitiated attorney is engaged for the purposes of reviewing a land trust transfer-much less a NEHTrust Transfer(tm) with all of its attendant appendices, directions, Escrow documentation, creditor letters, etc., he or she is faced with a true pointy-horned dilemma. The only two options available are:

1) Get into Nexus-Lexus or out to the law library and spend billable hours getting educated on the advent and history of land trusts, or

2) Render advice (pro or con) on something they know virtually nothing about (and it will always be 'con,’ I can assure you…because ‘con’ is quicker, easier and cheaper than ‘pro’).

I'd presume no less than 10 or 20 hours would be needed to thoroughly research the pertinent local and federal codes and cites, and the myriad features, benefits and uses of the land trust (i.e., a bill of from $1,700 to $ $5,000); Think about it...if you were a busy attorney whose itinerary was over-burdened with money-making time constraints, what would you prefer to do? Would you opt to:

1) Spend your "billable" hours doing hard research for free for a transaction you'll probably never see the likes of again;

2) Risk your client's walking away, and your receiving nothing for your consulting time, or

3) might you attempt to convert the entire transaction to something else: something you better understand, and are more competent to advocate...and something on which you could make some money, despite its relative negatives?

Similarly, if you were the client seeking and hoping to pay only for a simple review and approval of a set of documents, would you be willing to finance your attorney's continuing legal education at the rate of $275 to $375 (or ?) per-hour? Me neither.
My hope is that you’d refuse to relent, as many do, and not be coerced into accepting that the entire transaction should be transformed into something more "manageable (for the attorney)."

Perhaps a nice "Contract for Deed" or maybe a little (innocuous, due-on-sale violating) lease option. After all, let's face it, there just isn't much billing potential in telling a client, "I'm not competent to advise you in this matter...you should see someone else."

When a client does take the attorney’s advice to "convert to something else," doing so clearly means reverting back to the very downsides, short falls and serious risks that the NARS NEHTrust Transfer™ is designed to avoid and protect us from in the first place. Shortfalls and risks such as the lenders' due-on-sale clause violation; the risk of a resident's claim of "equity" to forestall eviction and force judicial foreclosure (to buy time and free rent); the constant threat of your seller's or buyer's creditor and/or tax lien judgments attaching to the property (or to the option on it); the insidious susceptibility to partition actions and/or charging orders against individual participants by judgment creditors; risk of involvement in the other party's Probate or forced ancillary administration issues; recordation and public notification of the transaction; absence of a third-party holding entity to ameliorate potential for disputes...to name just a few.

If you or I were to consult with a licensed, board certified medical practitioner about treatment for a brain tumor, a good one would refer us to a neurologist. However, the mindset of the legal practitioner is all too often analogous to the physician's suggesting that we simply contract a more manageable disease. "I missed the class on brains, so how 'bout I treat you for hemorrhoids instead? HerePay me. . Insert this and call me in the morning. And if this doesn't work...great, just let me know, and we'll switch to another disease which I won’t be able to cure either, but which will keep you coming back for treatment…and paying me. Unless of course you die, in which event we will at least have done our best…right?"

“So,” you ask, "what are you saying Billl? Should I seek the advice of an attorney or not?"

Yup you sure should! Indubitably as a matter-of-fact (so say I)! However, do be sure to choose a truly competent one who has experience with land trust transfers in creative real estate transactions. And if they start talking about Lease Options, Lease Purchases, Land Contracts (Contracts for Deed), Wrap-Around Mortgages, Equity Shares, Subject-To's or ‘Silent Seconds’ as an alternative...run for your life! Unless, of course the attorney is your brother-in-law...in which event it will be you who is facing the dilemma, and who likely should run for your life anyway, irrespective of what he says.

But, Bill, are there any attorneys anywhere that you could recommend?

Thanks for asking, but, No, there are none.

However, there are a few nice people with whom I've become familiar who do understand the concept (albeit a limited few, to be sure…and this list is by no means complete). I cannot vouch for them, but I can list their names:

Bill Bronchik, Denver Co.
Blue Ransfeld, Fortworth, Tx.
Bryan Dunklin, Dallas, Tx.
David Eldridge, Oklahoma City, Ok.
David Robinson, Los Angeles, Ca.
Gary Gitlen, Agoura Hills, Ca.
Henry W. Keno, Chicago Ill. (…but he's dead),
Jan Caldwell, Woodland Hills, Ca.
Jay Swob, Cincinnati Oh.
Jerry Corbin, Midland Tx.
Judy Wrentschler, Foster City Ca.
Mark Warda, Ft. Lauderdale. Fl.
Martin Slater, Los Angeles, Ca.
Michael Kilmartin, Simi Valley, Ca.
Michael Moskos, Worcester, Ma.
Nabisubi (“Nobi”) Musoke, New York City, NY.
Paul De Witt, Los Angeles, Ca.
Peter Gibbons, Riverside, Ca.
Susan Hunt, Greensboro, N.C.

The following are some attorney quotes, in answer to: "Why aren't there more attorneys to call on re. land trusts?

"Because very few know how to use them and even fewer recognize the benefits."

Mark Warda, Attorney, Florida

"If you can't find the expertise [when seeking a competent attorney], you have no choices but to keep on looking, or take upon yourself the task of trying to educate your advisors and counselors."

Jay Douglas Swob, Attorney, Cincinatti

"Another problem with using attorneys is that most have a negative attitude. They will probably advise against using a land trust because they [themselves] don't understand it."

Bill Bronchik, Attorney, Denver

"In that the 'land trust' is less frequently used outside of Illinois where it was first created [1920 its precursor in 1891], it is unlikely that many will be immediately familiar with its benefits or structure."

Henry W. Kenoe, Attorney, Chicago (Dc'd) (Keno on Land Trusts, IICLE, 1989)

"No! Don't do it! Oh m'god! These can only be done in Illinois. They violate the Doctrine of Stepped Transactions. Lease tenants can't take tax write-offs. You crazy? No court in the country would see such a thing as a conversion of real estate to personal property! Run Gertrude, run! Run like the wind!”

“But wait. Before you rush off, Gertrude, let me create an all-inclusive wrap-around mortgage for you instead. It'll do the all the same things and I'll only charge you $2,000." The Due-on-Sale Clause? Oh, don't worry about that...lenders never pay any attention to those things. I'll build in a nice exculpatory paragraph anyway (so you can't sue me) and it'll be in bold print. Could the buyer get the property embroiled in a lawsuit or tax lien while you're still on the mortgage loan and unable to make the payments or sell the property? Well, I suppose so, but that hardly ever happens either...don't worry about it. Could you evict the buyer if he doesn't make his payment? Well, no. But, hey, there's always judicial foreclosure, Unlawful Detainer, Ejectment and quiet-tile action: which I will be more than happy to handle for you (at $225 per hour plus court costs...no guarantees of course).

“Huh?

"Would the property be tied up in the other party's Probate proceedings, if they die?" Well, um, yes, but most people don't ever die of anything serious: but even if they did, that would just be a matter of another paycheck for me, now wouldn't it? I don't see any problems here."

Unnamed, famous, anonymous former attorney, Riverside, Ca.

"There is no person on the planet who is more apparently knowledgeable about the law relative to anything new, than an one who doesn't know what the hell he's talking about.”

Bill Gatten, Author, Entrepreneur,
Seminar Leader, West Hills, Ca.

If your attorney tries to put one over on you by suggesting another transfer vehicle, just ask him/her if he will sign an agreement declaring that his suggested alternative will do everything the NEHTrust can do.

Will the alternative serve to avoid –

– a due-on-sale (DOSC) violation
– the need for option fees and/or rent-credits (that create “equity” violating the DOSC)
– the ability of any party to it to act unilaterally (alone, without the other party/ies)
– any untoward, illegal or deceitful actions of another party to the transaction
– the potential for any party creating legitimate clouds on title
– the ability of any party to over-encumber the property
– the need for foreclosure and ejectment action re. eviction
– the tenant’s worries about the actions of the landlord/optionor
– the misdirection or embezzlement of funds (pmts, taxes, ins., etc.) by any party
– partition or charging orders by outside creditors (even the IRS)
– the need for deceit and subterfuge (re. the underlying lender’s wishes)

Can the suggested alternative provide –

– “due-on-sale” avoidance (as opposed to options, wraps, land contracts & equity shares)
– free, centralized 3rd-party professional collections and disbursement
– automatic default notification to all parties
– legitimate recordation (without due-on-sale threat)
– full income tax benefit to tenant/buyer throughout lease term
– quick and easy eviction without risking “equity” claims
– higher rents for the landlord (re. transfer of tax benefits)
– lower after-tax housing cost for the tenant (re. tax benefits)
– the safest and most quiet contingency sale vehicle ever
– easiest purchase and disposition of property at termination
– transfer of full ownership benefits without equity transfer
– privacy of ownership without compromise or public notice
– 24-hour monitoring of all aspects of the transaction
– freedom from all management, maintenance and collections
– avoidance of credit damage and debt-relief taxation (re. foreclosure or short-sale)
– a history of never having been challenged in court or by the IRS

NOTE: In order to accomplish all of the above, one need but (with the proper documentation) vest the property in a land trust and make the tenant a co-beneficiary. [See Title 12 USC 1701-j-3; Title 12 US CFR(a) 591(vi); Rev. Rul. 92-105; IRS Sec. 163(h)4(D)]

ANOTHER NOTE: Bill Gatten, the author of this article, is not engaged in the practice of law, or in rendering dependable professional advice of any kind what-so-ever. For legal or other expert assistance and direction, the services of a competent professional should be obtained. Do not expect Bill Gatten to know anything.

STILL ANOTHER NOTE: Want to get your attorney to do the right thing? Give them a copy of this article. If they review the above list and tell you they don’t agree that these benefits can be attained, it’s because they simply don’t know anything about land trusts and choose not to learn.

How to Screen a Tenant

nospam@example.com (Bill Gatten) — Thu, 26 Apr 2007 14:18:32 -0400

HOW TO SCREEN A TENANT

Do you have a horror story to tell? Most landlords and managers do. It comes with the territory. But you can improve your odds by following a proper screening procedure prior to renting. While this won't guarantee you good tenants, it will go a long way toward keeping the known bad tenants out, and will reduce your rates of problems to levels you can live with. But far too many people don't know how to screen a tenant. So,here is how you do it.

First, make them fill out an application that asks for, at a minimum, the following:

(1) Full Name;
(2) Social Security Number
(3) Current Address
(4) Time at current address
(5) Current Landlord's name and phone number
(6) Employer
(7) Employer's phone number
(8) Their income
(9) ALL - that means EVERY - address they have lived at for AT LEAST the last 3

years, with LL names and numbers, and dates they lived there.
(10) Names of EVERYONE to occupy the rental
The app must also have on it a release permitting you to do a complete background check on the applicants, and all applicants age 18 and over must sign the application.

Then, check the DRIVERS LICENSE or STATE ID of every applicant age 18 or over - NO EXCEPTIONS, NO EXCUSES. When you look at the ID, make sure that the picture matches the person who gave it to you. Then verify that the name on the ID is the same (including middle initial) as the name on the application. For women, this often involves careful questioning. MAKE SURE you have all the last names for the person that you can obtain. The address on the drivers license MUST BE one of the addresses listed on the application. If the Social Security number is on the ID, match it against the one on the app. Finally, compare the signature on the ID to the signature on the application.

Charge the applicants $25 or $30 per name (nonrefundable) for an application fee. This is not unreasonable; a screening service will charge you at least that much, and if you do it yourself, you will put some time into it. Also, this is your first line of defense; if the applicant has a bad history, they usually won't pay the fee since they know they will lose the money and won't get the place. If they are bad guys, you don't want them anyway.

Then, you should turn it over to a good tenant screening service for evaluation. Make sure they are thorough. If you wish to screen the applicants yourself, here is what you do.

First, go to the local courthouse and search the eviction records to see if they have ever been evicted. In many areas, you can do this online. If they have been evicted, you need to evaluate why. While you are there, check court records for criminal convictions. Then go to the tax office and pull property records on all addresses listed on the app. Make sure that the owner listed on the app is indeed the current (or previous) owner of the property. One of the most common scams is to list a friend as a landlord. If you have cause to suspect this might have happened, then check the records to see if the friend has ever been evicted or arrested. You will wind up knowing a lot.

Second, go to the police station, and pull arrest records on them. This will usually be enlightening; many arrests never make it to court. So by looking at these records, you will learn if your applicant is troublesome.

Then, go to the credit bureau and pull their credit report. You can use this to determine whether they are a deadbeat or not. Bad credit is common among tenants; learn to decide WHICH KINDS of bad credit raise red flags. For instance, I tend to ignore medical collections; it is expensive and if you are ill, you have to have the service. I don't consider non payment of medical bills to necessarily indicate moral turpitude. However, bad checks to grocery stores is a major red flag, and I routinely reject those who get jewelry store credit cards, run 'em up, then default. In my book, that is no different than theft.

Now, get on the phone. Call the present and previous landlords. Get references. Ask set questions; "Did they live there? did they pay on time? did you ever give them an eviction notice? did they cause damage? would you rent to them again?" Never forget the "would you rent to them again?" -
often, your other questions don't pick up something and that last one is your clue.

Call the employer. Do they really work there? Is the employer really an employer?

If anything makdes you in the least bit suspicious, criss cross phone numbers. You can do this at www.infospace.com, among other places.

When you are done with all this, you will know who you are dealing with. It won't guarantee you that you will avoid a bad experience, but if you don't do it you are certain to have some extremely bad experiences, and by doing this you will certainly filter out 99.9% of the bad guys.

A good screening service will do all of these things for you. If you are not set up to do it routinely, you will find it to be a terrible nuisance and will be inclined to take shortcuts. Shortcuts will cost you many thousands of dollars in evictions, lost rent, and repairs. So don't take shortcuts.

My screening service (this is NOT a plug - we are strictly local in the three county area here in Ohio) maintains eviction, arrest, and property ownership records on site. We also keep complete records of everyone we have ever screened - so the second and third and fifteenth times we screen them we can see what they said the earlier times. We keep records on landlords as well, so we know who they all are (as best we can know - we know of several thousand of them in the area). So when you come to us, we have the data to quickly tell you what you need to know about the person, and all the previous landlords, and so forth. Of course, we know who all the bad guys are.

Any good local screening service will have this kind of data - and some of it is only data that you get by running a screening service. This is the argument in favor of using a service rather than doing it yourself.

But ultimately it doesn't matter, just so long as you do it.

CRE Success Part 3

nospam@example.com (Bill Gatten) — Thu, 26 Apr 2007 13:59:39 -0400

PART 3 (NEXT MONTH)
THE LAW OF SYNCHRONCITY

In the past couple of issues we’ve discussed the role of trust, faith and confidence in

getting what we want out of life by an understanding of the boundless wealth the

Universe can provide us if we just acknowledge its complete unconcern for our

individual desires. The intended purpose of the last two articles was to infer that if we roll

with the ebb and flow of the nature and power of the Universe, instead of trying to direct

it to roll with our own ebbs and flows, we can obtain from it everything and anything we

need. This is accomplished in much the same way a fisherman controls the bounty he

takes from the Sea, which has no obligation toward him personally, but which none-the-

less provides his every need, simply because he knows it will and because he takes from

it anything and everything that he truly needs. If he would simply enjoy catching a fish,

he may or may not catch one…but when doing so is a dire necessity, he cannot fail.

In this article, I’d like to address that old “bugaboo” of our business…the practice of

“cold calling (for dollars),” and the natural function of Universal Law in making it work.

I’d like to demonstrate how it relates to the bounty that is ours for the asking, from this

boundless source of everything that exists.

First off, if you dislike cold calling as much as I do—as I tell my students: Call when no

one’s at home. Then when the answering machine picks up, say something like: “Hello I

saw your For Sale by Owner ad, and I’m looking for people selling on their own, who—

for a full price offer—would consider keeping the current financing in place for a while,

and who can afford to leave their equity in tact. (Pause) During that time, I’ll of

course handle 100% of all mortgage payments, repairs, maintenance, upkeep, property

taxes and so on. If this might be acceptable please call me at…”

-0-

Now…let’s test natural law to see if what I'm saying is fact, or just more hype and guru-

gumbo? Would you like to get 1 to 5 or more properties under contract for every 52

messages you leave? Would you do a five-minute experiment with me to see what results

can be achieved before making your first call?

For the experiment (The 52-Card Challenge) you’ll need an ordinary deck of playing

cards, and ask yourself: "Were I to place a deck of shuffled playing cards face down, then

turn them over one at a time while counting aloud from 1 to 13 (each count being

simultaneous with the showing of each card), what would be the chances that the number

being spoken in the count will correspond with the number of the card being turned over

at that same instant?

The idea is to let the deck represent a “period of time (1 day, 1 month, 1 year, etc.)”; let

each card turned over represent a “potential opportunity (i.e., someone has a house they

are willing to give up)”; and let each synchronicity represent a “success (i.e., they have

what you need; and you can provide what they’ll accept).” A synchronicity is that rare

occasion when the number being spoken matches the number of the card being turned

over.

Out of 52 shuffled cards (while counting from 1 to 13 four times per deck) how often will

success befall you? Whatever your result, the identical result will happen with your 52

answering machine calls. I am willing to bet a bundle that you wont get through the first

13 cards more than a few times without Fortune (success) befalling you...and that

you'll virtually 'never' get through the entire deck of 52 without from 1 to 6 successes

befalling you. The only thing that can prevent success is quitting. And remember…each
time you achieve a “success,” you can re-shuffle and start over again if you wish, or you

can continue through to the end of the deck each time…it won’t matter. That's just the

way life works: alternatives executed at will do not alter outcome when success is

planned-for, expected, and diligently and persistently pursued.

It worked. Right? Interesting isn’t it? But the next time through let's do it a bit differently.

This time let's take the “forced mantra” approach: the "Demand it and Repeat it a

Hundred Times” approach. This time before running through the deck, say aloud and

write down: "I demand that when I say the number "six," that a six card will show." Now

let's see how often that command is EVER honored: or, assuming it does once in a while,

whether or not you could make a living by counting on its happening with any frequency.

Once you learn to trust this phenomena...the Law of Synchronicity…you can trust with

certainty the way the Universe works in all aspects of your life: the way it always has,

and the way it always will. You can't demand anything of it, you can’t change it; you

can’t bend it to your will. But it will never fail you. You can work with it and succeed. Or

you can try to control it and fail.

In short, make a plan, point your life toward where to want it to go, keep the fuel tank full

and leave the driving to planning, trust and Universal Law.

CRE Success Part 2

nospam@example.com (Bill Gatten) — Thu, 26 Apr 2007 13:53:17 -0400

PART TWO (NEXT MONTH)

Think carefully about this—it will in fact change you life.

Consider your written goals, your “mantra (as it were) being something like: “By year’s

end I WILL have earned no less than $350,000; I will have acquired no fewer than 10

properties; I will be driving a white Mercedes convertible with blue interior; I will be

living in a $450,000 home with payments of no more than $2,500 per month; my mate

will be a gorgeous brunette who loves Golf.”

Then two months go by and the Universe replies: “Well, I tried. I had the ideal woman

for you (Pamela Anderson was available, but she’s a blonde); I arranged for the Mercedes

too, but there weren’t any white ones; the only house available under your terms was

worth $550,000 but the payments were far less than your $2,500 requirement; and the

income I projected for you, given your degree of participation in all of this, was only

$349,999.99. Sorry.” Then as one by one, none of your goals are realized, you become

convinced that “…it doesn’t work, and that [you] wasted big money on the book, tape

series or course that seemed so convincing at first.”

The fact is that our goals will remain un-materialized no matter how hard we squeeze

down, or how loud we scream out; and no matter what books we read, or courses we take,

until they all become necessities and until we absolutely realize that we deserve what we

ask for. Needs are ‘always’ fulfilled: wishes seldom are.

Therefore, instead of trying to control the Universe, as too many wannabe gurus would

have you do, consider instead making it your partner and working with it under it’s rules.

Start by converting your idle wishes to necessities and allowing the Universe to

give you what it ‘knows’ you need, rather that what you wish you had. In other words,

plan for what you are going to do with that $350,000 before asking for it. Know what

kind of house you need and let the Universe decide how much it’s going to cost, where it

will be and what color it is.

We have to allow the Universe to pick our car color too…it won’t give us a green Yugo

with purple polka dots—it knows what we want and deserve. And, besides, we can

always have it repainted for $29.00 at Earl Scheib’s.

Regarding the woman (or man) in your life, acknowledge that true love, personality,

mutual respect and compatibility are more important than somebody’s hair color, body

type or what hobbies they may or may not enjoy.

And never forget that Hope is only a distant relative of Trust and Faith…it’s not even a

first cousin. Replace wanting, hoping and wishing with needing and trust, and with

objectives and desires of which we alone are in charge, and which we are absolutely

certain belong to us.

The only thing important in personal or financial achievement is the continual creation of

right ‘alternatives’ upon which to act, or to which to react when the time comes. When

you let go of the end-result and concentrate on honesty and planning, without regard for

the outcome, the process leading to the end-result begins immediately and appears the

instant you’re ready for it.

Part III coming next month

CRE Success Part 2

nospam@example.com (Bill Gatten) — Thu, 26 Apr 2007 13:37:51 -0400

PART TWO (NEXT MONTH)

Think carefully about this—it will in fact change you life.

Consider your written goals, your “mantra (as it were) being something like: “By year’s

end I WILL have earned no less than $350,000; I will have acquired no fewer than 10

properties; I will be driving a white Mercedes convertible with blue interior; I will be

living in a $450,000 home with payments of no more than $2,500 per month; my mate

will be a gorgeous brunette who loves Golf.”

Then two months go by and the Universe replies: “Well, I tried. I had the ideal woman

for you (Pamela Anderson was available, but she’s a blonde); I arranged for the Mercedes

too, but there weren’t any white ones; the only house available under your terms was

worth $550,000 but the payments were far less than your $2,500 requirement; and the

income I projected for you, given your degree of participation in all of this, was only

$349,999.99. Sorry.” Then as one by one, none of your goals are realized, you become

convinced that “…it doesn’t work, and that [you] wasted big money on the book, tape

series or course that seemed so convincing at first.”

The fact is that our goals will remain un-materialized no matter how hard we squeeze

down, or how loud we scream out; and no matter what books we read, or courses we take,

until they all become necessities and until we absolutely realize that we deserve what we

ask for. Needs are ‘always’ fulfilled: wishes seldom are.

Therefore, instead of trying to control the Universe, as too many wannabe gurus would

have you do, consider instead making it your partner and working with it under it’s rules.

Start by converting your idle wishes to necessities and allowing the Universe to

give you what it ‘knows’ you need, rather that what you wish you had. In other words,
plan for what you are going to do with that $350,000 before asking for it. Know what
kind of house you need and let the Universe decide how much it’s going to cost, where it

will be and what color it is.

We have to allow the Universe to pick our car color too…it won’t give us a green Yugo

with purple polka dots—it knows what we want and deserve. And, besides, we can

always have it repainted for $29.00 at Earl Scheib’s.

Regarding the woman (or man) in your life, acknowledge that true love, personality,

mutual respect and compatibility are more important than somebody’s hair color, body

type or what hobbies they may or may not enjoy.

And never forget that Hope is only a distant relative of Trust and Faith…it’s not even a

first cousin. Replace wanting, hoping and wishing with needing and trust, and with

objectives and desires of which we alone are in charge, and which we are absolutely

certain belong to us.

The only thing important in personal or financial achievement is the continual creation of

right ‘alternatives’ upon which to act, or to which to react when the time comes. When

you let go of the end-result and concentrate on honesty and planning, without regard for

the outcome, the process leading to the end-result begins immediately and appears the

instant you’re ready for it.

Part III coming next month

Can a Land Trust help...

nospam@example.com (Bill Gatten) — Thu, 26 Apr 2007 13:10:26 -0400

CAN A LAND TRUST HELP AVOID THE PERILS OF
INNOVATIVE REAL ESTATE FINANCING
Bill J. Gatten
North American Realty Services, Granada Hills, Ca.
www.landtrust.net

Much has been said and written about the NARS Equity Holding Trust™ concept (the

NEHTrust™) and it appears that a select few are finally beginning “to get it.” However,

probably because the NEHTrust™ so effectively replaces the need for other creative

financing schemes and dreams, it often falls under attack by its detractors (especially by

certain lawyers who make their livings by doing that which they more fully understand;

and by those who tout and teach older, less protective, concepts such as wrap-arounds,

contracts-for-deed, equity shares and lease options).

In actuality NEHTrust™ supports the objectives of each of those seller-carry vehicles,

while offering a much sturdier platform for protecting the property, and therefore the

principals, from the myriad risks and downsides of owner-carry financing. Few

proponents of subject-to financing wouldn’t agree that there are numerous risks inherent

in one’s agreeing to share a property’s title or mortgage loan obligations with another.

The NEHTrust™: A property is vested with a land trust trustee, and instead of conveying

title interest; a PARTIAL beneficiary interest in the trust is assigned to a would-be buyer.

That party, once named a successor beneficiary in the trust, and a lessee in the trust

property becomes entitled to all the benefits of ownership, including tax deductions for

mortgage interest and property tax.

STUFF TO AVOID WHEN YOU CAN

Let’s look into a few potentially risky shortcomings pertinent to creative real estate

financing, which downsides can be avoided by use of the multi faceted title-holding land

trust. The objective for anyone acquiring real estate ownership should always be

minimum risk and maximum protection, without sacrificing income or capital gain

potential.

Violation of the Lender’s Due-On-Sale Clause. Whether deemed a threat by certain

“gurus” or not, a DOSC call can be disastrous for someone who cannot afford to

refinance, if a lender were to call its loan due because of an unauthorized title transfer

(NARS holds letters from major national lenders clearly stating that the NEHTrust™

model does not create a compromise of their alienation admonitions).

The Threat of Either Party’s Legal Actions Creating an Attachment or Charging Order

Upon The Property. In any so-called Wrap, Contract for Deed, Lease Purchase or Equity

Share arrangement, multiple parties are involved, and each one has either a valuable

financial interest in the property, or has a primary payment obligation relative to its

mortgage. As a result, there is always a real danger that either party’s liens, lawsuits,

marital disputes, bankruptcy or Probate proceedings would seriously cloud title to the

subject property, thereby creating a grave predicament for the other party. This threat is

virtually eliminated by use of the co-beneficiary, third-party trustee, title-holding land

trust, in that a beneficiary’s ownership is purely of personalty (a personal property

interest in the trust) rather than of realty and cannot be partitioned by judgment creditors

(legal opinion letters on file)

Difficulty in Dispossessing an Errant Tenant/Buyer. When an equitable interest in real

property is conveyed to someone with possessory interest in that same property, such

party is no longer subject to eviction for damage or non-payment. Instead, dispossession

of an “owner” must take the form of foreclosure, and may also require ejectment action

and quiet title action in order to regain possession, entry and salability of the property.

Therefore, one might be well advised to employ a land trust for conveyance to a

prospective buyer. Such an arrangement might remain in effect until such time as the

tenant/beneficiary sold the property, or refinanced and purchased it outright.

In the NARS PACTrust™, a corporate trustee holds legal and equitable title as the

tenant/beneficiary remains under the threat of simple eviction, while concurrently

enjoying all the benefits of ownership without ownership in the realty itself.

SUTFF YOU CAN DO WITH A CO-BENE. LAND TRUST

To effect the objectives of a Lease Option (unilateral agreement to sell), the land trust

property can be leased with a contractual understanding that the tenant may purchase the

property or a future interest in the trust itself at some later date. Such purchase could be

set at full Fair Market Value, less any monies owned to the tenant by the trust. And

instead of an option fee, the tenant could post the trust‘s required contingency fund. The

monthly lease obligation becomes an aggregate payment that includes the mortgage

principal and interest, the property tax, the insurance and an overage that becomes the

settlor’s (investor’s) positive cash flow. [Note that any contract verbiage connoting an

option to purchase constitutes a due-on-sale violation (re. 12USC1701-j-3)]

To effect the objectives of a Lease-Purchase (bilateral agreement to sell and acquire), the

land trust’s tenant beneficiary can be assigned as little as a 10% beneficiary interest in the

trust with a promise to convey the remainder upon the tenant/buyer’s outright acquisition

of the property. All benefits of ownership including tax write-off are available to the

tenant in this model.

To effect the objectives of a Wrap-Around Mortgage or Contract for Deed, the would-be

buyer/vendee is made a successor beneficiary in the land trust and given, say, 10% or

more beneficiary interest in the trust until a new loan would be obtained and the property

be purchased outright.

To effect the objectives of an Equity Share, the tenant/beneficiary is given a 50% interest

in the land trust, and a like share in net profit sharing when the property sells or is

refinanced by the tenant (following a return of the investor’s initial equity at start).

The NARS Tax Lease: The tenant/beneficiary is given a 10% interest in the land trust,

along with the full burdens of ownership and agrees to relinquish that interest at

termination of the trust. In order to be entitled to the tax write-off, the tenant need only

qualify under IRC 163 and hold at least a 10% beneficiary interest in the land trust.

Should you...?

nospam@example.com (Bill Gatten) — Wed, 25 Apr 2007 18:36:39 -0400

SHOULD YOU WEAR SUSPENDERS WITH YOUR BELT?
ASSET PROTECTION BY LAND TRUST…AND LLC

BY BILL GATTEN,
NORTH AMERICAN REALTY CONSULTANTS

Having been in the land trust transfer and facilitation business for nearly fifteen years, we

get frequent questions from our clients and students around the country regarding the

superiority of the (Illinois-type) land trust versus the limited liability company (the LLC)

as asset protection devices. My response is always the same: An LLC will protect YOU;

the land trust will protect your property, and when used together t your real estate

holdings can be virtually “armor-plated.”

But irrespective of what the answer might be, never forget that, “In today’s litigious

society, holding real estate in your own name is tantamount to walking down Lawyer

Boulevard with a sign on your back saying: “I dare you. Sue me. I’m rich.”

THE LLC:

The LLC is a company (not a corporation) that combines many of the features of a

corporation, but which is more akin to a sole proprietorship or partnership, depending

upon the number of its members. In comparison the LLC, as a pass-through tax entity

affords its members simplicity in tax accounting and reporting. Beyond that, however, the

entity’s primary purpose is that of shielding its member-owners from litigation that

would befall the company and its assets. In other words, were an LLC to be established

for the purpose of operating a packing plant and someone were to slip and fall into a meat

grinder and loose a leg or two, the claimant’s legal recourse would be limited to the

assets of the company, and not to any other assets owned by its operators (members)

outside the company. Even were the business to be taken over, or closed down and

liquidated by the claimant, the owner’s homes, golf club memberships, automobiles,

furniture and private bank accounts would remain out of the reach of the law suit.

Relative to this article, bear in mind that any company in operation could, should it so

choose, hold as its only asset, a single house, condominium, townhouse or apartment

building. In any of these instances an LLC, LP (limited partnership) or FLP (family

limited partnership)…all of which protect their members (owners) from claims against

themselves personally…are considered by many to be the most ideal forms of small

business ownership.

[For additional info. re. limited liability entities
see (for example): www.mycorporation.com]

AND NOW THE LAND TRUST:

Much has been written in the last twenty or thirty years about the feasibility, functionality

and versatility (and safety) of the “Illinois-type” Title-Holding Land Trust. Be that as it

may, however, there contuse to exist a major lack of knowledge as to what a land trust is,

it uniqueness, and all that it can do for its beneficiaries. For example, few attorneys are

aware, and will argue in ignorance to the contrary, that when a property is placed into

such an entity, its real property ownership is converted to ownership of pure personalty

(i.e., both legal and equitable title are vested with the trustee, leaving the

grantor/beneficiary with only a personal property interest in the trust, and no further

ownership of the property, but with full directive control over the actions of the trustee

owner).

In such an “equitable conversion,” the land trust provides its beneficiaries with all the

protection that the law affords personal property owners (limited partition rights by

outside parties; anonymity; privacy of ownership; inability of judgment creditors
(including the IRS) to penetrate a (co-beneficiary) land trust in order to reach its corpus

(the property); the avoidance of a lender’s due-on-sale clause upon fractional transfers of

beneficiary interest (assuming that the borrower/transferor is a “natural person” under the

law…i.e., not a commercial enterprise to whom the loan was made).

It is also infrequently known that land trusts are legal in all states, although they are

officially recognized only as “Uses in Land” versus “Uses in Trust” in Louisiana and

Tennessee. One can transfer a property’s full ownership benefits with one brief document

without escrow, title, or lender involvement. When a property’s title is held by a third-

party land trust trustee, the property is for the trust term essentially in a state of “Escrow,”

meaning that during the trust term no single beneficiary can act unilaterally (i.e., without

the unanimous consent and direction of all beneficiaries). A co-beneficiary in a bona fide

land trust can in-fact lease the property from the trust and, given at least a ten-percent

beneficiary interest in the trust, receive full treatment by the IRS as a homeowner with

full income tax benefits for mortgage interest and property tax deductions

(IRC163(h)4(D).

Now…couldn’t a person armed with this information place its real property into a land

trust and name his/her LLC as a co-beneficiary in order not only to shield it from

public view, but to also hold it beyond the reach of potential judgment creditors

(including the IRS)?

Are You Worthy?

nospam@example.com (Bill Gatten) — Wed, 25 Apr 2007 18:29:38 -0400

PRAYERS, WISHES, WANTS, NEEDS, DEATH AND DYING…AND DO YOU HONESTLY DESERVE WHAT YOU WISH FOR?

Bill J. Gatten

Some of us are born with the gifts that seem to automatically make superstars of us without a lot of effort (natural athletes, natural actors, natural musicians, artists, writers, the unnaturally lucky, etc); but alas, most of us are not superstars by virtue of our birthright. In fact, most of us have to establish whatever stardom we are ever to attain by the sweat of our brows, and most often in the face of sometimes seemingly insurmountable obstacles and handicaps that life has endowed us with (in order to test our steele) .
We did not choose the geographical location of our birth, our parents, their birth place or their mindsets; or the conditions under which they were raised, or how they raised us. We are, none-the-less, victims of all of those aspects of our own heredity, parentage, peer-pressure and early environment. Fortunately though, we have been given the gift of Free-Will, and the right to override or neutralize any part of our personal heritage and neural programming that we are willing to look at closely enough…and take the time necessary to understand it all and work through it, around it and in spite of it.
This aspect of our personal control over who we are, and can become, has many names: Self-Directed Destiny; Programmed Life Management; Objective Oriented Self-Discipline; Structured Determination, Focused Achievement, and so on. But to me it all boils down to just plain old ‘Personal Goal Setting.’
The most common error (and the most disastrous one) in Goal Setting is that of mistaking one’s Wishes (wants) with what Napoleon Hill referred to as “Burning Desire (unquenchable dire need).” It is only this burning desire that can lead us through the life-changes and mental re-programming so necessary for achievement of the abundance that is our absolute right and which most of us desire—even pray for.
To make a wish, we need do nothing but think it, retain it in our thoughts for a while, and wait and see what happens. With dire necessity, however, we must move several steps further, and acknowledge without question that we will actually die in some way should these elemental components of who we are go unfulfilled. We humans are simply incapable of allowing any real need to go unrealized. We will strive to fulfill our needs at any cost: wishes, hopes, dreams and passive prayer take a backseat..
Have any of us ever gone without water or food indefinitely? No. That’s because we would die if we did. Do drug addicts, alcoholics and tobacco users go without their regular daily fixes? No, because a terrible sickness and feeling of immense loss would overtake them, and a major part of who they have become would have to die a painful death. The fact is that no true need goes unrealized…ever. One might idly wish for food and drink and not get it right away: but when it becomes a matter of life and death it will never fail to appear (even to the extent of one’s own body’s resorting to digestion of itself in order to prolong existence as long as possible). Ergo, it would then seem that if a particular goal were to become a necessity incorporated into this “fear of death” equation, its attainment would be certain.
In support of this concept, consider the reason we panic when deprived of air for a brief while. It’s because we fear death. When struck with illness, our fear of dying
calls our sympathetic and parasympathetic neural systems to the healing process to the detriment of life-saving sugar, protein and fat stores. When we have too little income, why do we worry and fret about bills, creditor retribution, legal action and loss of our personal possessions? It’s because we are overtly afraid of being unable to sustain our lives if we fail at those activities that are necessary for our survival.
It is the universal fear of dying that forces all of us to strive, to forage, earn, achieve and build (and re-build). Though we are hardly ever consciously aware of this ever-present fear it’s always there, prodding us ever onward, requiring toil, attainment, procreation and the building of stores in reserve. In view of all of this, doesn’t it then stand to reason that if we would seek to accomplish something heretofore seemingly unattainable or impossible, that it would naturally manifest if it were to be directly associated with our natural fear of death (i.e., becoming a dire necessity).
Let’s say you'd like to build a 40-story high-rise, or, say, a 1,200 foot-long aircraft carrier, you certainly are free to do begin doing so if you choose. Many have in fact built thousands of these things and were greatly rewarded for having done so. But, until completion of such work becomes an absolute necessity, you likely will never start; and if you do start, you will likely never finish. It's only when a major aspect of your life depends on it and will surely die otherwise, that you will do what all builders of 40-story high-rise buildings and aircraft carriers have always done…pull it from potential by imagining it, converting it to substance by drawing it and making it real by building it.
So…before writing out your objectives, choosing a mantra, and heading off to visit Mahesh Yogi in India on your trek toward bliss, take the time to figure out what your goals actually are; which of your “wishes” are worthy of being converted to “dire needs”; and what your resources for accomplishing these aspirations might be. Should you come up short in the “resources” area, then you have to write-out a plan for either attaining what you are lacking, or for replacing what your are lacking with something else of equal value that you have more than enough of (e.g., physical work can replace the need for cash; eliminating someone else's burden can replace the need for credit; patience can replace experience; caution, diligence and research can replace formal education; hard-learned valuable skills. And tenacity trumps a college degree every time.
A good test of what wants can be converted to needs, then to dire necessity is to ask yourself which of the following you could in-fact live without in reasonable comfort…if you had to. Strike through those items that are not completely necessary, and without which some part of you would not surely die. The items that are left over are beyond wishes: they are your wants. But its crucially important to know that until each want is elevated to the status of Need (a life-sustaining necessity) it will likely continue to remain allusive if not wholly unattainable.

• Full-time self-employment
• More social acceptance
• More public popularity
• Fame
• Prestige
• A better/safer living environment
• A rich person’s high-class lifestyle
• A bigger and more prestigious home
• A new, more rewarding career
• A less strenuous, demanding or tedious job
• More vacations and the ability to afford them
• A much higher income
• A new or more suitable spouse
• A new identity
• A more attractive physique
• A private airplane
• A chauffer driven limousine
• A new face
• New teeth
• A trimmer or m ore attractive body
• New friends
• Better friends
• A larger bank account
• A large stock portfolio
• A retirement fund
• True Happiness (Bliss)
• Personal contentment
• Freedom from drudgery
• More self-esteem
• A greater inner feeling of personal value
• Freedom from disease worries
• A newer car
• A more showy car
• An executive job title
• A bigger office
• A well-defined life-purpose
• Great spiritual fulfillment
• Greater spiritual understanding
• Absolute certainty re. the existence or non-existence of God, ghosts, space aliens, angels and mental telepathy
• A TIVO
• The ability to comfortably take risk

Prayers, Wishes, Wants (Desires)…and true Needs:
1) Praying - acknowledging your inability to attain on your own,
2) Wishing - being dissatisfied with the status quo (the way things are);
3) Wanting –preferring one thing over another thing with which you are not wholly dissatisfied
4) Needing – requiring a necessity of life (that avoids death to some degree)

Never forget that, according to Epictetus, a 5th Century BC orator: “[A person's] Wealth is measured only by the expense of one’s [that person's] pleasures.”
In other words, when life itself is your gift, and when the least expensive pleasures are your greatest rewards, you are already wealthy beyond calculation: no matter how much or how little money you have. My own true net-worth quadrupled when my children were born, and quadrupled again with the arrival of my grandchildren. Think about it…who is wealthier: the man with a big house and matching mortgage, five tapped-out credit cards and a 72-month payment plan on a new Mercedes Benz convertible--or a well-loved and highly respected Eskimo hunter with eight good dogs, a jolly fat wife, seven healthy children and five years worth of walrus blubber…and plenty more where that came from?
The answer is, of course, the Eskimo…but only until and unless he would develop an eye for more than he has and not be able to afford it: an insatiable taste for filet mignon, Chateau Lafitte Rothschild and Mercedes convertibles. Should that happen, he instantly tumbles from real true Wealth to abject poverty…UNLESS those things are what he needed and knew he deserved all along, and he planned well relative to their affordability and his adaptability.
Converting a Want to a Need, and a Need to a Burning Desire (dire need) are the first real steps in goal setting, and the process requires much thought and definitive action. For example, if you're having difficulty in making the life-saving decision to jump off the 200 foot high cliff into the cold raging river below, in order to protect yourself from the menacing band of marauders who are hot on your trail, out to kill you, and drawing nearer every minute…just do this: Tie the end of a long rope around your waist,
then tie the other end around a massive round rock. Then roll the rock to the edge of the cliff. If you‘re still afraid to jump but know you have to, just push the rock the rest of the way over…your fate is now sealed. You needn't worry about making the decisions any longer. Definitive action tied to need is what brings all “potential” into the physical universe and into our lives.
The Peloponnesian War of 404 BC between the Spartans and the Athenians serves a good example of how wants are quickly converted to needs.
When the Spartan ships landed and the soldiers were outfitted and lined up for the siege, all their ships were set on fire, eliminating any possibility of retreat. It was at that point that the Spartans realized that they must either be the victors or die trying (as it were)…there was no means for retreat. With this added incentive the Spartans annihilated 25% of the Athenian Population and took charge of Greece…having fulfilled a need that might not have worked out so well for them had they retained the ability to withdraw when the going got rough.
To become honestly wealthy and attain abundance in this life you must first know what it is that you honestly want, and then you must convert that want to dire need and give yourself no choice but success.

SO WHAT WILL BE YOUR PLAN OF ACTION (I.E., YOUR “POA”)?

One’s “POA” is that long rope and that big ol' rock at the edge of the cliff referred to earlier.
The POA is your design for success. It is the very map of your destiny. It becomes your guide to all of what you must do to become who and what you ‘need’ to be (not what you ‘want’ to be), and to attain all of what you need to own and control during this roller coaster ride called “Life.”
Goals that are held only in the mind of the hopeful are never goals at all. They're just residual random electronic impulses left over from unfulfilled wishes, nothing more. It's only when our hopes and dreams begin the physical transformation from potential (yet to exist) to substance (materiality) through the process of writing them down on paper (or chiseling them in stone) that they can begin to metamorphose into need fulfillment.
As has been said many times, handwriting your goals is always preferable to typing them out in your word processor. The more arduous and physical the mind-to-hand transference exercise is, the more likely the transformation will take place (i.e., the moving of a conceptualization from the ethereal realm of pure ‘potential’ into our world or physical reality). Although I don’t believe viewing your goals daily and repeating them aloud to the bathroom mirror and moaning a mantra is ever necessary, it is none-the-less a good idea to keep them in a safe place, and review and modify them every few months.
Forty years ago, I was dissatisfied living on only $326 per-month (before deductions); but with that income I could fairly comfortably cover a $60.00 per-month rent payment; a $35.00 per month payments on my brand new Ford Falcon; I could buy gasoline (39 cents a gallon), J.C. Penny's clothing; and all the groceries I needed, for about $15.00 per week. And after the bills were paid I still occasionally had enough left over to take my wife to a drive-in movie once a month or so. Oh, and water was almost free then (‘didn’t know it had to come in a bottle in those days).
Interestingly most of my close friends at the time who made even less than I did could somehow always afford to buy a case of beer along with their groceries every week. I often wondered how they managed to do that, when we seldom had anything left over at all, especially for fun stuff. I once asked my buddy Bob about it and he jokingly replied…”Hey man, it’s because beer’s a number one staple in my diet and I can’t live without it.” I didn’t get it at the time, but forty years later I now appreciate the philosophy. This fact is that I only “wanted” a case of beer every week, but didn’t need it, so didn’t budget for it. Bob needed it…and it appeared every week. If it’s not a need, then it’s only a passing fancy.
In those days we associated with some who couldn't afford even as much as we could (much less ol’ Bob): but I felt somehow looked-down-upon by those with whom I most wanted to impress and associate: high school friends who were coming out of college as doctors, lawyers, engineers, dentists; local civic activists; politicians, etc.). But now, 40 years later, because of converting my wishes to necessities, I find myself earning more than most all of those old friends, but prone to becoming frantic if my monthly income drops below $30-40,000.00 (after deductions).
What do you suppose it is that I'm doing any differently today than I was forty years ago?
I'm doing absolutely nothing different, except following a plan that converts wants to needs. And directly because of that plan, I now live in a much larger house in a much nicer area; I drive nicer cars and because of a far larger bank account, take more elaborate vacations and eat snootier foods.
And, too, I've thrust various ancillary necessities into my current lifestyle that weren't there before (vacation cruises, country clubs, first-class and frequent airline travel, nice hotels, fine dining, fine clothing, housekeepers, gardeners, maintenance people, big screen TV's, hobnobbing with the rich and phony, etc.): all this is luxury that was absent and thought to be unattainable a few years back. But now-a-days I never think of these elements of my life as being luxuries…today they are (in my present mindset) integral pieces of who I am, whom I have worked and planned to become, and whom I choose to be (…and I ain't finished yet).
Were I now to be deprived of any one of these previously ancillary and unnecessary (un-needed) items, a part of who I envision myself to be would cease to exist (i.e., that is to say that part of my persona would die). My so-called luxuries are no longer just wants and wishes…but are now a part of my bundle of perceived necessities to be retained and defended as an important part of the self I have built.
Could I live without these things if I had to? Absolutely! A part of me could, but another part would die and that scares the other part enough to endeavor to avoid the loss. Could I be happy without these things? Absolutely (OK, ‘maybe’…after a while). Am I wealthier because of these things? No! 'Richer perhaps, but by no means wealthier. But, would I fight to defend and hang on to what I have? You bet! Would I gladly and freely give away any extra that I have been given? You bet! It’s weird…but the more I give of what I have, the less I need and the more I receive, for some inexplicable reason.
This “reason,” by the way, is fully ‘explicated (explicable)’ in the Bible and virtually all other religious writings: what it boils down to is that the Universe abhors a vacuum; therefore, our deigning to create a void by giving something away can only result in the instantaneous refilling of it…which process invariably returns far more than was given away:
“Give it away and you shall receive more of it.” “Ask “how” and never “why” and you will be answered and rewarded.” “Seek and you will find abundance…when it is truly needed.” That is the uncompromising Universal Law of abundance, and…if you ever read Napoleon Hill’s, ‘Think and Grow Rich,’ that is…“The Secret.”

Oh yeah, and long-live the marvelous third-party trustee, co-beneficiary, inter vivos title-holding land trust transfer (the NARS Equity Holding Trust™ Transfer System).

Expired Listings

nospam@example.com (Bill Gatten) — Wed, 25 Apr 2007 18:25:44 -0400

Expired Listings

When a Real Estate Broker takes a sales contract (a listing) on a property and is

unable to sell it in the time allotted, the listing expires on a stated date, and the expiration

of the listing appears in the local Multiple Listing Service (MLS) bulletin and is at that

point up for grabs for anyone intrepid enough to contact the owner of the property.

Typically these expired listings are published daily or at least once or twice per week, and

for the eyes of the MLS Member-agent only.

• The information normally available in record is:

• The property address,

• Square feet,

• Date taken off the market,

• Most recent asking price,

• A description of the accoutrements,

• Year built

• Lot size.

• (In some areas) the name and address of the former listing agent

One of the favorite means of trolling for new listings for many of the more

aggressive Realtors is “Working the “Expired’s.” In order to get the next chance a the

listing, the Realtor need merely contact and convince the seller that his/her talents and

wherewithal in the business are greater than were the Realtor’s who just dropped the ball

on marketing the property that last time around. Most Realtors (not all) will agree to do

more advertising, more open houses, more pitches at the local Realtor Board meetings,

etc. But more often that not they take the same listing, put it right back in the same MLS

and wait for someone else to bring them a buyer because a buyer’s agent just happened to

run across the listing when the buyer came into the office asking for properties in that

general area and price range.

Many property owners who have learned this lesson too late, and who have had to

sit and watch a burdensome and cash-draining property go unsold for six months or more

are exasperated and disillusioned with their Realtor, and with the real estate sales industry

in general. And this makes them a little testy, but considerably more open to creative

options that they may not have considered before (e.g., lease optioning, equity sharing,

rent-to-own, wraps, seller carries, contracts for deed, etc.). It goes without saying that

these people thus become wonderful prospects for a creative real estate entrepreneur who

would offer to step up and take the property off their hands, while saving them a real

estate commission in the process.

The idea here is to get access list of Expired’s in your community, or in the

community in which you wish to concentrate, and generate regular mailings to the

disillusioned owners, suggesting that you understand their plight and that you would like

to speak with them about their property…now that it’s showing on the MLS as an

“Unsold” Property (this term will create more ‘Pain’ in the mind of the seller than will

the expression ‘expired listing’).

If your not a Realtor and have no access to the MLS, one way to obtain this

closely guarded information is to find a new Realtor who may be having trouble coming

up with the money for the Board dues and their MLS membership, and offer to pay one

or the other, or both, for the agent in exchange for their access to the centralized data. In

most localities it will entail being given a phone number and PIN code with which to

access the board’s website on the Internet.

A Different Approach

Network member, Adam Albright in Arizona, has come up with another twist on

working Expired listings without having to do all the footwork, and the ability to elicit

the services of a Realtor for all the hard stuff. Adam has taken it upon himself to begin

contacting Realtors in the more distant areas in lieu of the homeowner, after their listings

have expired. His fax to the Realtor essentially let’s them know that that if they can

resurrect their relationship with the seller and help him make the deal, he will buy the

property under his own take-it or leave=it terms and conditions, and see that the agent

gets paid for their services: i.e., a commissions they’ve already kissed good-bye.

Obviously this approach garners great interest from Realtors who see their hardearned

listings and commissions going down the drain, because of not having been able

to perform under the terms of the agreement with their client. This also affords the

Realtor an opportunity, and reason, to re-contact their lost client with a real live

prospective buyer in hand and perhaps even get a renewal on the listing.

The following is a sample cover letter and a sample offer that can be mailed or

faxed to the Realtor. The cover letter is designed to neutralize objections before they

arise, and the offer explains the terms and the conditions and financing process under

which he is willing to proceed. If the letter is not answered, nothing is lost, and he may

contact the owner directly: if it is, then that’s another property owned.

Adam’s has sent out 150 such faxes to date and his return call rate so far is 50%.

We’ll see how many deals ultimately come from the program and report to you in a

future newsletter.

THE COVER LETTER…

Ms. Brooke Angler
Century 21 Four Rivers
9876 Fly Street
Steelhead Bluff, Montana

Dear Ms. Angler,

The Rod County MLS records indicate an expiration of your Real Estate Sales

Contract with Mr. and Mrs. James Alpers on the property at 123 Lake St. in Troutsville

has expired. However, I would none-the-less like to make an offer on that property and

will, for the sake of expediency and your professional assistance, be pleased to make the

offer through your office, rather than by my contacting Mr. and Mrs. Alpers directly (if

you wish).

Before reviewing the accompanying proposal, however, in anticipation of

concerns you may have, or which may arise from your broker, your company’s attorney

or the sellers themselves, please make special note of the following important points.

• There are two ways to transfer real estate ownership – by a transfer of legal and

equitable title to a buyer, or 2) by a transfer of beneficiary interest in a trust to a

co-beneficiary, wherein the trustee is vested with the legal and equitable title

• Although not widely known of or extensively used by the vast majority of real

estate professionals, land trusts (Illinois type title-holding trusts) are in-fact

extremely safe, viable, protective and wholly legal holding and transfer vehicles.

These trust forms are authorized or accepted in every state throughout the U.S.,

and have been used for real property ownership transfer since the beginning of the

twentieth century. There are no states in which this particulars trust structure is

not held wholly viable, valid and legal.

• Unlike other inter vivos trusts, the beneficiaries of a land trust are its directors and

make all decisions evening view of the fact that the trust property’s ownership is

vested with the trustee. The land trust trustee holds full legal and equitable title

ownership of the property along with the full Power of Sale as directed by the

trust’s beneficiaries. Also, note that the nature of such a title-holding vehicle is to

convert Realty ownership to that of Personalty, even through the IRS will still

treat all beneficiaries as owners of the Realty for income tax purposes (IRR 92-

105/The Doctrine of Equitable Conversion (See Black’s Law, 6thED, pp

332/538).

• Through the use of a bona fide title-holding land trust, ownership interest in real

estate can be effectively conveyed to a co-beneficiary without the necessity of a

new mortgage loan, without an unauthorized title transfer, and without a violation

of a mortgage lender’s “due on sale clause” or alienation admonitions. (FDIRA

12USC1702j-3)

• By utilizing a simple land trust as a transfer device, one can effectively buttress

his/her real estate ownership against virtually any threat of lawsuits, judgment

creditor claims, IRS tax liens, bankruptcy and legal claims in marital dissolution,

Probate proceedings, etc. (From an asset protection standpoint, one’s holding any

real estate in one’s own name is considered by many to be an invitation to lawsuit

and potential financial devastation).

• The land trust transfer allows one to convey full income tax benefits to a tenant

co-beneficiary (See IRC 63(h)4(D), along with virtually all of the Bundle of

Rights in Fee-Simple Real Property Ownership.

Please bear all of the above closely in mind as you peruse the accompanying purchase

offer.

THE OFFER…

Date: 4/2/2002

From: Investor Bob

To: Ms. Angler, Realtor® - Century 21, Four Rivers

As I indicated in my cover letter (attached), I am prepared to acquire the subject

unsold property under the following terms:

• Property to be accepted in As-Is condition without request for repairs, alteration

or improvements by seller now or in the future. Buyer shall hold seller free and

harmless from any claim of financial loss relative to discovery of substandard or

hazardous conditions presently known and disclosed, or later discovered..

• All loans, taxes and insurance relative to the subject property to be current at the

time of transfer

• Property to free of all title clouds and liens, other than those of record, at time of

transfer.

• Seller to hold the current mortgage financing in place for a minimum of three to

four years…although the ideal term would be ten years or more (the seller’s

choice)

[Note here that the suggested transfer process, more fully described in the

accompany cover letter, will not violate a lender’s due on sale clause or constitute

any transfer to me of the property’s legal or equitable title.]

• Seller to be paid all of its existing equity (if any) in the property at such time as

the property is re-sold or refinance at the termination of the proposed Agreement.

• During the course of the proposed transaction, the property shall be held in trust,

in the name of seller, for the benefit of seller, until such time as the Agreement

has terminated and the property is disposed of or refinanced by buyer.

• Buyer to lease the property from the seller’s trust on a “triple-net lease” basis: i.e.,

paying for 100% of all costs of ownership, including mortgage payments,

property taxes and insurance; as well as handling 100% of all management,

maintenance, repair and day-to-day upkeep for the term of the agreement.

• Buyer to take possession the property at the close of Escrow (30-60) days

• During the term of the subject title-holding trust, buyer shall be named as a

cobeneficiary,

in order to enable all the benefits of real property ownership to accrue

to buyer/co-beneficiary without the necessity of title transfer and without undue

risk of comprising the due on sale clause relative to the underlying mortgage

financing.

• Upon disposition of the property the termination, all existing loans will be retired

by buyer/co-beneficiary, and at that time seller will receive 100% of all of its

equity existing at the inception of the transaction.

• Seller shall be allowed to refinance its mortgage loan or acquire secondary

financing at the monthly expense of buyer, prior to, or at any point during, the

course of the subject agreement: so long as the agreed-upon aggregate monthly

payments agreed to be made by buyer/co-beneficiary are not increased in the

process; and so long as such new financing or re-financing would not exceed the

mutually agreed upon value of the property at the inception of the proposed

transfer.

• Buyer to cover all costs of closing except for Real Estate commissions, back taxes

or unpaid insurance or delinquent mortgage payments (suggest commission

deferment or carry for 1,2 or 3 years if a burden for seller)

• This offer shall become valid and in full effect 30 days from the date shown

below, during which interim period, the following issues will be confirmed by

seller for the benefit of buyer: 1) loan condition and pay-off; 2) comparative

market value, 3) condition of insurance and property tax payments, 3) freedom

from zoning and building code ordinance violations, 4) freedom from utility

company liens, income tax liens and mechanics liens

• Buyer to execute any Purchase Offer and Contract deemed by agent to be suitable

for the subject transfer, so long as all terms and conditions proposed here remain

fully in tact.

Signed: ________________________ Date ____________________

Elevator Speech

nospam@example.com (Bill Gatten) — Wed, 25 Apr 2007 18:05:43 -0400

WHERE’S YOUR ELEVATOR SPEECH?
By Bill J. Gatten

OK, you’re on an elevator headed from the parking garage to the fifth floor and you have
a man standing next to you looking up at the lighted digits above the door, who casually
sizes you up and asks: “So what do you do for a living?” What do you say?

“Oh, I’m in sales.” (Meaning: “None of your business, and your not going to be standing
next to me long enough to get into any details anyway, so let it go at that.”)

“I’m an investor.” (Meaning: “Envy me for 45 seconds …and think of me as someone
you wish you could be…whether I am or not. And always wonder what “kind” of
investor I might be…as if you really gave a hoot”).

“For a living? Oh, not a whole lot these days…how about you? What do YOU do?”
(Meaning: “None of your business. If you insist on talking, fire away it’s your
nickel…Me? I’ll just pretend to listen as you babble…oops, why here’s your floor.”)

“I’m a teletype operator having a bit of a struggle finding a job, what with all them photo
facsimile machines out there these days. If it weren’t for my taste for Spaghetti-O’s, my
wife taking in laundry and clipping coupons, I’d be SOL. How about you? What do you
do?” (Meaning: “Are you a loser too? Gawd, I sure hope so because it’s awfully lonely
here on the corner of Out-of-Touch-with-Realty Street and Co-Dependency Boulevard.”)
“ Alrighty then…(as the door opens and closes) you go and have yourself a nice day now
(you say to the back of the elevator door). Hear?” As you whisper to yourself, “Dang I
wish I could afford a suit like that.”

Or maybe you’d answer the question this way: “Well actually, I work here in the building
during the day; but I also dabble in real estate.” (Meaning: I’m unhappy with my plight
in life and am trying to better myself without turning loose of my life ring. So don’t
judge me by what my answer would have been, had I not added the ‘but I dabble in real
estate’ part.”

Or, how about this one: “Who me? Oh, I’m a big time real estate investor.” (Meaning:
“If you’re really interested in what I do, you’ll ask more questions and get me started,
and, once on a roll, I’ll explain how you can benefit greatly from my services.‘
Otherwise…I believe this must be your floor.”)

Now, think about it…that person who was standing beside you for the ride is now gone
forever, but may well have been someone you could have helped, and received value
from in the process…if you’d only had exactly the right response handy. That fellow
passenger may in fact have had a house to sell at a bargain price; he may have been an
owner in foreclosure; he might have been a flip investor. He easily could have been a
prospective buyer for that house you just rehabbed. The fact is: that particular person
was an ‘all-ears, one-man captive audience’ for that 45 seconds of your life. Why on
Earth didn’t you sell him something? Well, the reason you didn’t even try, was because
you presumed he was just nosey; or maybe just looking for a 45 second buddy; or simply
too unconcerned about you to really have asked a sincere question.

All of these assumptions may in fact have been absolutely on the mark. But the big
question is: Why didn’t you use that time to your maximum advantage. Consider what
just “might” have happened if you’d said the following instead:

“I help folks acquire and sell homes and investment real estate with leitimate payments take-overs.” There you go…7 seconds on the button.

Then if they say “Oh really?” Then you continue with something like: “Yup, if I’m buying, I pay full price, all cash
or terms: if I’m selling I don’t require loan qualifying, a credit reports or big chunks of money up front. Here’s my card. Call me.”

There’s another 10 seconds, and we’re not even to the third floor yet…if the prospect is not interested, you just stare blankly at each other until the door opens.

Now…if that fellow passenger just happened to have been a prospect (buyer or seller)
and by chance you had titillated his fancy (as it were) with your pre-planned elevator
speech: did you give him every chance to know who you were and what you can do for
him, were he to fit one of the criterion for your business? Sure you did! But with those
other lame answers that others use…could any of them have made the slightest difference
in your financial life? “Oh I’m an insurance agent: I make widows wealthy.” Nope!
You merely wasted your precious moments with that person.

So what’s the point of all this? Well let me see. How about the point being: 1) We
should all find a tall building and ride up and down in elevators all day giving one-minute
elevator speeches? No! Um…2) Elevators are a great place to find motivated buyers
and sellers? No! OK then, 3) It’s all right to talk to strangers on an elevator? No! 4) If I
ever caught between floor in an elev…No! No! No…

This point is simply this:

You must stop what you are doing right now and take an hour to work out your “perfect,”
sure-fire concise elevator speech. Once memorized and refined, have it ever at the Ready
when you get the opportunity for those 45-second presentations. You will be finding and
qualifying prospects everywhere you go with the minimum effort and maximum effect.
Your audience will let you know instantly whether they are prospects or not. The ones
who don’t need you and have nothing to offer you will say: “Oh that’s nice and begin
talking about what THEY do for a living (at which point you remember having forgotten
to turn off your coffee pot at home). The E.S. (elevator speech) is an absolute necessity
for those of un in this business (especially in THIS business), and it works everywhere: at
Church, at a Chamber of Commerce Mixer, at the grocery store, your AAA meeting,
when meeting your fiancée’s parents for the first time; when meeting your daughter’s
fiancée for the first time (…the latter being far worse, believe me…whoever invented
nose rings and tongue piercings is an idiot); standing in the Unemployment or Welfare
Line (…Ok, scratch those last two…with a good elevator speech, you’ll never need to do
that).

THE MESSAGE: Develop at once a brief and concise Elevator Speech: memorize it and
be ready to recite it every time someone steps up and says: “What do you do for a
living?”

From Bill's Desk

THE LEGAL SYSTEM - WHAT A FREAKING JOKE!!!

The TSA is Pising Me Off

Let's Destroy America!!! The steps.

We know Dick Lamm as being the former Governor of Colorado. In that context I think his thoughts are particularly poignant.

"Fourth, I would make our fastest growing demographic group the least educated. I would add a second underclass, unassimilated, undereducated, and antagonistic to our population. I would have this second underclass have a 50% dropout rate from high school

"Next to last, I would place all subjects off limits; make it taboo to talk about anything against the cult of 'diversity.' I would find a word similar to 'heretic' in the 16th century - that stopped discussion and paralyzed thinking. Words like 'racist' or 'xenophobe' halt discussion and debate.

Having made America a bilingual/bicultural country, and having established multi-culturalism, and having the large foundations fund the doctrine of 'Victimology.'

"Next I would make it impossible to enforce our immigration laws. I would develop a mantra: That because immigration has been good for America, it must always be good. I would make every individual immigrant symmetric and ignore the cumulative impact of millions of them."

"A democracy is always temporary in nature; it simply cannot exist as a permanent form of government."

"A democracy can only function until the time that voters discover they can vote themselves generous gifts from the public treasury."

"From that moment on, the majority always vote for the candidates who promise the most benefits from the public treasury, with the result that every democracy will finally collapse due to loose fiscal policy, which is always followed by a dictatorship."

"The average age of the world's greatest civilizations from the beginning of history, has been about 200 years"

"During those 200 years, those nations always progressed through the following sequence:

1. from bondage to spiritual faith;

2. from spiritual faith to great courage;

3. from courage to liberty;

4. from liberty to abundance;

5. from abundance to complacency;

6. from complacency to apathy;

7. from apathy to dependence;

8. from dependence back into bondage"

Professor Joseph Olson, St. Paul, Minnesota, points out some interesting facts concerning the 2000 Presidential election: (Probably similar for the 2004 election.)

Number of States won by:

Gore: 19 Bush: 29

Square miles of land won by:

Gore: 580,000 Bush: 2,427,000

Population of counties won by:

Gore: 127 million Bush: 143 million

Murder rate per 100,000 residents in counties won by:

Gore: 13.2 Bush: 2.1

Professor Olson adds: "In aggregate, the map of the territory Bush won was mostly the land owned by the taxpaying citizens of this great country. Gore's territory mostly encompassed those citizens living in government-owned tenements and living off various forms of government welfare..."

Olson believes the United State is now somewhere between the "complacency and apathy" phase of Professor Tyler's definition of democracy, with some forty percent of the nation's population already having reached the "governmental dependency" phase.

If Congress grants amnesty and citizenship to twenty million criminal invaders called “illegals” and they all become voters, then we can say goodbye to the USA in fewer than five years.

Opening our borders to the citizens of under-developed countries without absolute rule and order and a long-term plan can only have one ultimate effect: annihilation of everything dreamed of, hoped for, and for which the rest of us have given our lives for the sake of Freedom..

The word "illegal" means - Against the Law

"Against the Law" means - Not allowed – not legal

Something that is not allowed and patently illegal must be immediately handled with all due strength and determination!

You can read allof this and smile or you cn become outraged and do something…your choice.

-0-CHEAP TOMATOES? WHAT CHEAP TOMATOES? WE DON'T NEED NO DAMN CHEAP TOMATOES!

WHAT'S NEXT? THE CONVERSION TO ISLAM OF ALL ILLEGALS? NOW, THAT WILL BE A FUN WAR TO FIGHT...

Building a Canoe

Big Fat "Lies"

Finding an Attorney

How to Screen a Tenant

CRE Success Part 3

CRE Success Part 2

CRE Success Part 2

Can a Land Trust help...

Should you...?

Are You Worthy?

Expired Listings

Elevator Speech

We
know Dick Lamm as being the former Governor of Colorado. In that context I think his thoughts
are particularly poignant.

"Fourth, I would make
our fastest growing demographic group the least educated. I would add a second
underclass, unassimilated, undereducated, and antagonistic to our population. I
would have this second underclass have a 50% dropout rate from high school

"Next to last, I
would place all subjects off limits; make it taboo to talk about anything
against the cult of 'diversity.' I would find a word similar to 'heretic' in
the 16th century - that stopped discussion and paralyzed thinking. Words like
'racist' or 'xenophobe' halt discussion and debate.

Having made America
a bilingual/bicultural country, and having established multi-culturalism, and having
the large foundations fund the doctrine of 'Victimology.'

"Next I would make it
impossible to enforce our immigration laws. I would develop a mantra: That
because immigration has been good for America,
it must always be good. I would make every individual immigrant symmetric and
ignore the cumulative impact of millions of them."

"A democracy is always temporary in nature; it simply cannot
exist as a permanent form of government."

"A democracy can only function until the time that
voters discover they can vote themselves generous gifts from the public
treasury."

"From that moment on, the majority always vote for the
candidates who promise the most benefits from the public treasury, with the
result that every democracy will finally collapse due to loose fiscal policy,
which is always followed by a dictatorship."

"The average age of the world's greatest civilizations
from the beginning of history, has been about 200 years"

"During those 200 years, those nations always
progressed through the following sequence:

Professor Joseph Olson, St. Paul, Minnesota,
points out some interesting facts concerning the 2000 Presidential election: (Probably similar for the 2004 election.)

Professor Olson adds: "In aggregate, the map of the
territory Bush won was mostly the land owned by the taxpaying citizens of this
great country. Gore's territory mostly encompassed those citizens living in
government-owned tenements and living off various forms of government
welfare..."

Olson believes the United State
is now somewhere between the "complacency and apathy" phase of
Professor Tyler's definition of democracy, with some forty percent of the
nation's population already having reached the "governmental
dependency" phase.

If Congress grants amnesty and citizenship to twenty million
criminal invaders called “illegals” and they all become voters, then we can say
goodbye to the USA
in fewer than five years.

Opening our borders to the citizens of under-developed
countries without absolute rule and order and a long-term plan can only have
one ultimate effect: annihilation of everything dreamed of, hoped for, and for
which the rest of us have given our lives for the sake of Freedom..

Something that is not allowed and patently illegal must be immediately
handled with all due strength and determination!

You can read allof this and smile or you cn become outraged
and do something…your choice.

-0-

CHEAP TOMATOES? WHAT CHEAP TOMATOES? WE DON'T NEED NO DAMN CHEAP TOMATOES!